Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: FMLA

The ADA: Four issues to watch in 2018

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Pregnancy
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well… Continue Reading

Extended medical leave not a “reasonable” accommodation under ADA, court says

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, HR
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is… Continue Reading

Weekly catch-up

Posted in Americans with Disabilities Act, ConstangyTV
Would you believe we have another ConstangyTV Close-Up on Workplace Law? We do! In our August show, host Leigh Tyson talks with Heather Owen of our Jacksonville Office (esteemed proprietor of FOCUS, our women’s leadership blog) about coordinating reasonable accommodation obligations under the Americans with Disabilities Act and leave under the Family and Medical Leave Act. Heather… Continue Reading

Second-guessing the advice columns on workplace law — again!

Posted in Americans with Disabilities Act, Family and Medical Leave Act, HR
I’m going to have to make this a regular series. A few weeks ago, I posted about an “Ask Amy” column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one, but two, corrections not long afterward.) Last week, Karla Miller of the “Work Advice” column… Continue Reading

Queen for a day: If I ran the world, would I scrap our employment laws?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Family and Medical Leave Act, HR, Labor Relations, Telecommuting, Wage-Hour
Walter Olson of the great Overlawyered.com sent a challenge over Twitter earlier this week: For those of you who don’t know Mr. Olson, he’s a libertarian.  :-) I have to admit, I needed time to process this! I complain about these laws all the time, but would I really want to get rid of all protections… Continue Reading

Military employment rights: A recap for the Memorial Day weekend

Posted in Americans with Disabilities Act, Family and Medical Leave Act, Military, USERRA
In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members. USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 protects employees who leave their jobs to serve in various military capacities. Five year (or more) rule. An… Continue Reading

Legal, or Illegal? Employee leaves of absence and the ADA

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act
The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable, not-overly-technical “preventive” guidance for employers. Second, let’s see what you know about the EEOC’s position on leaves and the… Continue Reading

This week in employment law, with a lick and a promise

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Family and Medical Leave Act, Retaliation, Same-sex marriage, Social media, Telecommuting
It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify. 5 Things Your Manager Doesn’t Want You to Know. By the great Evil HR Lady, Suzanne Lucas. (Just to whet your appetite,… Continue Reading

Year-end employment law roundup — happy 2015!

Posted in Americans with Disabilities Act, Class actions, Discrimination, eLaw, Family and Medical Leave Act, Harassment, Labor Relations, Retaliation, Wage-Hour
NOTE: On January 15, this post was updated and one correction made (see “Nipped in the bud” and “Jury clobbers Catholic diocese,” below).  Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially… Continue Reading

No-Fault Attendance? In light of the EEOC/Verizon settlement, what’s the point?

Posted in Americans with Disabilities Act, Class actions, Discrimination, Family and Medical Leave Act, Labor Relations
Are no-fault attendance policies to go the way of the horse and buggy? Employers would do well to ask themselves that question, in light of the $20 million settlement between the U.S. Equal Employment Opportunity Commission and Verizon Communications.… Continue Reading