Offering Practical Guidance to Employers
We previously posted about Pittsburgh’s paid sick leave ordinance, the Pittsburgh Paid Sick Days Act (“PSDA”), which the Pennsylvania Supreme Court upheld this past summer after a lengthy legal challenge. Our previous post can be found here.
Under the PSDA, employers with 15+ employees must provide paid sick leave, up to 40 hours per year,…
Under the Americans with Disabilities Act (“ADA”), an employee is entitled to a reasonable accommodation if the employee has a disability and is a “qualified individual,” meaning that the employee can perform the essential functions of the position with or without reasonable accommodation. When assessing an employee’s request for an accommodation under the ADA, employers…
The National Safety Council, a nonprofit organization whose stated mission is to eliminate preventable deaths at work, in homes and communities through leadership, research, education and advocacy, published a Position/Policy Statement on October 21, 2019 addressing cannabis (marijuana) impairment in safety-sensitive positions. NSC stated that “it is clear that cannabis impacts psychomotor skills and cognitive…
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 25th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability.
Delaying designation of FMLA-qualifying leave or designating more than…
The Pennsylvania Supreme Court upheld the Pittsburgh Paid Sick Days Act (“PSDA”) in a decision today, overturning two lower court decisions that found the Act was invalid as an impermissible business regulation.
Under the PSDA, employers with 15+ employees must provide paid sick leave, up to 40 hours per year, at a rate of 1 …
On June 27, 2019, Maine Governor Janet Mills signed into law L.D. 666, which extends existing protections for pregnant and nursing employees in Maine. The act, entitled “An Act to Protect Pregnant Workers,” creates broad protections for workers, covering any limitation of an employee’s ability to perform their job due to pregnancy, child birth, or…
Beginning January 1, 2020, Oregon employers with at least six employees must comply with the Employer Accommodation for Pregnancy Act. The Act requires employers to provide reasonable accommodations to applicants and employees who have limitations related to pregnancy, unless it would impose an undue hardship on the employer. The Act also makes it unlawful to…
“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 23rd blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.
Not understanding all of the reasons an employee can take FMLA…
The New Hampshire Paid Family Medical Leave law has been left behind in the dust. Republican Governor Chris Sununu vetoed the bill, saying that he fully supports paid family medical leave but not the plan passed by the Democratic majority New Hampshire Legislature. The Democratic proposal, referred to as Senate Bill 1, would set up…
The Sixth 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”). In addition to showing a physical or mental impairment, ADA plaintiffs…
