In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
An employee seeking the protection of FMLA leave must give adequate and timely notice of the need for leave.
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?
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.
Review the new state and local posting requirements for Alaska, Arizona, Arkansas, California, Delaware, Maine, Massachusetts, Missouri, Rhode Island, and Washington.
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.
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.
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.
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.
Review the new state and local posting requirements for Alaska, California, Massachusetts, Minnesota, and Nevada.
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.
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 Governor Jerry Brown signed into law Assembly Bill 1976, expanding California employer obligations respective to employee lactation accommodation.
Review the new state and local posting requirements for California, Delaware, Florida, New Mexico, New Jersey, Ohio, South Dakota, Vermont, and Virginia.
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.
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.
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.
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.
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.
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.