Review the new state and local posting requirements for Alaska, California, Massachusetts, Minnesota, and Nevada.
Austin Sick Time Ordinance Preempted
The Austin Earned Sick Time Ordinance is unconstitutional because it is preempted by the Texas Minimum Wage Act (TMWA), the Texas Court of Appeals, Third District, ruled on Friday.
Tenth Circuit Rules No Adverse Employment Action and No Failure-to-Accommodate Claim
The Americans with Disabilities Act (ADA) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone — absent an adverse employment action — enough to establish an ADA failure-to-accommodate claim?
California Expands Upon Lactation Accommodation Requirements
California Governor Jerry Brown signed into law Assembly Bill 1976, expanding California employer obligations respective to employee lactation accommodation.
November 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for California, Delaware, Florida, New Mexico, New Jersey, Ohio, South Dakota, Vermont, and Virginia.
Expanded Paid Leave Benefits Coming to California Employees
Currently California employees who wish to receive pay during leave for a qualifying exigency would need to use their own accrued vacation or paid time off hours. However, beginning Jan. 1, 2021, an employee can apply for wage replacement benefits from the State of California Paid Family Leave insurance program during such a leave.
A Dozen Paid Sick Leave Laws Disappear
The Garden State passed the New Jersey Earned Sick Leave Law last May; it went into effect on Oct. 28, 2018. A provision of that law nullifies the thirteen municipal PSL laws that had been passed in the state, for a net reduction of twelve PSL laws.
Paid Sick Leave on its Way to Albany County
Albany County (NY) will likely become the fourth county in the nation to adopt a paid sick leave law. The only question is when it will be adopted. The Law Committee of the County Legislature held a public hearing earlier this week on an amended proposed Albany County Paid Sick Leave Act.
FMLA Leave for Chronic Health Conditions
When an employee takes medical leave, treatment by a healthcare provider is often assumed, and the frequency of doctor’s visits is rarely scrutinized. The Pennsylvania federal court’s recent decision in Watkins v. Blind and Vision Rehabilitation Services of Pittsburgh alerts us that this is not always a wise approach.
Another Court Decides That Extended Leave is Not Reasonable
In Easter v. Arkansas Children’s Hospital, an employee was unable to work after exhausting her FMLA leave but she had an appointment to be evaluated by a specialist less than a month later. The employer denied the additional leave and terminated her employment. The Court held there was no violation of the ADA.
Westchester County Enacts Sick Leave Law
On Oct. 1 Westchester County, New York enacted an Earned Sick Leave law, becoming the third county nationwide to do so. Montgomery County, Maryland, and Cook County, Illinois also have enacted paid sick leave laws. The Westchester County law is effective in 180 days.
Department of Labor Issues Updated FMLA Forms
On Sept. 4, 2018, the Department of Labor issued new FMLA notices and certification forms. The change was procedural in nature; no substantive changes were made to the forms.
FMLA Eligibility and Remote Workers
With the increasing trend of telecommuting employees, it is not uncommon for a company to have small numbers of employees working from remote locations in various states. It is important that employers understand how FMLA eligibility is determined for remote workers.
Michigan Lawmakers Adopt Paid Sick Leave Initiative
On Sept. 5, Michigan lawmakers adopted the paid sick leave initiative that otherwise would have been presented to voters in November. The GOP-controlled Senate and House adopted the initiative by wide margins.
September 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for Louisiana, New York City, San Fransisco, Tennessee, and Texas.
Railroad Insurance Act Preempts Massachusetts Paid Sick Leave Law
The Railroad Unemployment Insurance Act (RUIA) preempts the Massachusetts Earned Sick Time Law (MESTL) in its entirety as it applies to interstate rail carriers, according to a recent decision by a Massachusetts federal district court.
More Paid Sick Leave Turbulence in Texas
The Texas Legislature convenes in January 2019. It is widely anticipated that the legislature will consider a bill to prohibit political subdivisions from enacting a leave law. If enacted, such a law would likely negate both the Austin and San Antonio ordinances.
August 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for California, Louisiana, Maryland, New York City, South Carolina, and Vermont.
July 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for California and Illinois.
Paid Sick Leave Turbulence in Texas
Austin passed its PSL ordinance in February, the first PSL law in the South. Last month, PSL advocates in San Antonio submitted signatures to support their effort to have voters decide in November whether to enact a PSL ordinance.