The 6th Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans with Disabilities Act (ADA).
Kentucky Adopts Pregnant Workers Act
Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent of the employer.
Michigan Supreme Court to Consider Request for Advisory Opinion on Paid Medical Leave Law
The Michigan Supreme Court will wade into the clash involving the constitutionality of the state’s Paid Medical Leave Act, at least to decide whether to consider the substance of that clash.
April 2019: New State & Local Posting Requirements
Review the new state and local posting requirements for Alabama, Arizona, California, Colorado District of Columbia, Florida, Georgia, Indiana, Mississippi, Nebraska, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, and Virginia.
The 4th Circuit Reaffirms Regular, Reliable Attendance Is Essential Function of Most Jobs
The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
The FMLA, ADA and Overseas Employees
In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related.
What Employers Can Do to Prepare For Westchester County’s Earned Sick Leave Law
Companies should begin preparing now for the new Westchester County Earned Sick Leave Law, which becomes effective on Apr. 10, 2019.
Pittsburgh Now Requires Pregnancy Accommodations for Employees and Partners
In major news for employers in Pittsburgh, the City Council unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans with Disabilities Act, and related EEOC guidance.
March 2019: New State & Local Posting Requirements
Review the new state and local posting requirements for Florida, Kentucky, Maine, Michigan, and Virginia.
Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims
The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer.
Unsettled Waters at the Accommodation of Last Resort
In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
Dispute Over Content of Voicemails Requires Jury Trial on FMLA Claims
An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave.
Federal Court of Appeals Will Decide Whether or Not Morbid Obesity Is an Impairment
We know that the ADA Amendments Act of 2008 (ADAAA) substantially altered the landscape for review of claims asserting a disability. But, are employees still required to show some sort of disorder or impairment to state a claim?
Appellate Courts Agree: Regular Attendance Is Essential Function of Most Jobs
Recent decisions from the 2nd, 5th, and 8th Circuit Courts of Appeals exemplify the growing consensus among courts that even employees with a disability are generally required to comply with company attendance policies.
January 2019: New State & Local Posting Requirements
Review the new state and local posting requirements for Alaska, Arizona, Arkansas, California, Delaware, Maine, Massachusetts, Missouri, Rhode Island, and Washington.
California State Disability Insurance Increases
It’s a new year, and California SDI benefits will be increasing. The SDI withholding rate continues to be 1.0% of wages. But, the taxable wage limit will increase from $114,967 to $118,371.
EEOC Revises Wellness Plan Regulations
On Dec. 20, the EEOC revised wellness plan regulations by removing the section that permitted incentives. In doing so, the EEOC left employers back in the quandary they were in before. Neither the law, nor the remaining regulations, expressly prohibit (or permit) incentives.
Michigan’s Amended Paid Medical Leave Law
The Michigan Paid Medical Leave Act requires employers in Michigan to provide their employees with accrued paid medical leave to use for their own or their family members’ medical needs and for purposes related to domestic violence and sexual assault. The new law will become effective in March 2019.
Michigan Governor Signs Sick Leave Amendment
On Dec. 13, Michigan GOP Governor Rick Snyder signed into law the bill amending the recently enacted Paid Sick Leave (PSL) law, putting the finishing touch on a two-step political strategy to have the legislature craft a PSL bill rather than have voters consider a bill crafted by PSL advocates.
December 2018: New State & Local Posting Requirements
Review the new state and local posting requirements for Alaska, California, Massachusetts, Minnesota, and Nevada.