I’d call this “reasonable accommodation for dummies,” but y’all aren’t dumb. Continue Reading ›
This week in employment law. Continue Reading ›
Five cautions for employers. Continue Reading ›
Hindsight is 20-20.
The Pregnant Workers Fairness Act, which took effect in June 2023, requires reasonable accommodations for pregnancy, childbirth, and “related medical conditions.” The statute gave authority to the U.S. Equal Employment Opportunity Commission to issue regulations more precisely defining employers’ reasonable accommodation obligations. Continue Reading ›
Accommodate, accommodate, accommodate!
I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller ones). Continue Reading ›
Happy Father's Day weekend, y'all! Continue Reading ›
*And are sorry you asked. Continue Reading ›
I am pumped! Are you? Continue Reading ›
In other words, which presidents can we -- ahem -- blame? Continue Reading ›
The USDOL has issued a handy little guide. Continue Reading ›
Pregnancy and lactation accommodation. Continue Reading ›
Happy holiday weekend! Continue Reading ›
How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!
Question 1: Which of the following federal employment laws require reasonable
accommodation, either by their terms or as courts have interpreted them over the years?
A. The Americans with Disabilities Act
B. The Family and Medical Leave Act
C. Title VII-religion
D. The Nursing Mothers Act
E. The Pregnancy Discrimination Act
F. All of the above
G. A, C, D, and E
ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation. Continue Reading ›
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
