For nine years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. With information from over 873 employers, the national survey tracks employer methods … Read More
Colorado Continues Its Efforts Towards Paid Family Leave
There is a new proposed Colorado bill, which attempts to create tax incentives to encourage employers to voluntarily support paid parental and medical leave programs.
Governor Planning Big Changes to California Leave Laws
As California employers continue to grapple with recent legislation effective Jan. 1, 2020, California Governor Gavin Newsom is releasing his plans for even more employment legislation.
New Facts on Coronavirus Should be Continually Monitored by Employers
The outbreak of the novel coronavirus (2019-nCoV), first identified in Wuhan, Hubei Province, China, continues to raise not only health concerns, but issues for employers and employees.
The 5th Circuit Affirms “My Disability Made Me Do It” Is No Excuse for Sleeping on the Job
On Jan. 14, 2020, the 5th Circuit ruled on whether the Americans with Disabilities Act (ADA) requires an employer to excuse terminable misconduct — in this case, sleeping on the job — based on an employee’s after-the-fact, disability-related explanation.
2019 Hospital System Best Practices White Paper
Full content is available to DMEC members only. to view the complete resource. If you are not a DMEC member, we encourage you to join. DMEC members have access to … Read More
Compliance Memos: January 2020
Paid Family Leave Benefit for Civilian Federal Employees Paid family leave for birth, adoption, or fostering is a new benefit for 2.1 million federal civilian employees, available for these family … Read More
Paid Sick Leave Quarterly: 4th Quarter 2019
The end of 2019 brought more nuances, but also resolutions to paid sick leave (PSL) state and local laws. For instance, challenges to the Michigan PSL law and Alabama preemption law were resolved, but the PSL turbulence in Texas continues as we await a decision from the Texas Supreme Court on whether it will wade into the PSL controversy.
Request for Opinion on Michigan Paid Sick Leave Law Rejected
On Dec. 18, 2019, the Michigan Supreme Court said no, it would not issue an advisory opinion on the legality of the recently enacted state PSL law.
Challenge to Alabama Preemption Law Rejected
On Dec. 13, 2019, the 11th Circuit Court of Appeals, in an en banc decision, rejected the challenge to Alabama’s minimum wage and employment benefits preemption law.
San Antonio Sick and Safe Leave Law Enjoined
On Nov. 22, 2019, a Bexar County judge temporarily enjoined implementation of San Antonio’s Paid Sick and Safe Leave Ordinance to become effective on Dec. 1, 2019.
Westchester Safe Time Leave Has Arrived
The Westchester County Safe Time Leave Law took effect on Oct. 30, 2019, and starting on Jan. 28, 2020, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how the law applies to them.
Paid Sick Leave Quarterly: 3rd Quarter 2019
The paid sick leave (PSL) turbulence in Texas garnered most of the PSL headlines in the third quarter. How that turbulence ends will determine the fate of PSL ordinances in Austin, Dallas, and San Antonio.
6th Circuit Rules Regular, On-Site Attendance Is Essential Function
The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs,” but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.
Massachusetts Begins Withholdings to Fund Paid Family and Medical Leave
After an initial delay, payroll and wage withholdings to fund the Massachusetts paid family and medical leave program began Oct. 1, 2019, which will establish a fund that will allow employees in the Commonwealth to begin taking paid leave in 2021 for their own serious health condition or to care for a family member with a serious health condition.
Can You Be Regarded as Disabled Based on a Potential Future Disability?
Can you be regarded as disabled based on a potential future disability? In a case just decided by the 11th Circuit Court of Appeals, EEOC v. STME, LLC, the Equal Employment Opportunity Commission (EEOC) espoused precisely this position.
2019 DMEC ADA Administration Pulse Survey Results
DMEC routinely hears from employers struggling with the complexities of managing Americans with Disabilities Act (ADA) accommodation activities. With little regulatory guidance on the administrative aspects of managing requests and … Read More
7th Circuit Rules Employee’s Telework Accommodation Unreasonable
The 7th Circuit ruled the Department of Housing and Urban Development (HUD) did not fail to accommodate a disabled lawyer by rejecting her request to work from home.
DOL States that Employers May Not Delay Designating FMLA Leave
On Sept. 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) and the employee prefers that the designation be delayed.
9th Circuit Dodges the Question of Whether Morbid Obesity Is an “Impairment” Under the ADA
On Aug. 20, 2019, the 9th Circuit dodged answering the question of whether or not morbid obesity is considered a disability under the Americans with Disabilities Act.