Offering Practical Guidance to Employers
Commenting on paid leave recently, U.S. Secretary of Labor Thomas E. Perez said:
We are on the cusp of huge breakthroughs on paid family leave and paid sick days. I believe that in 30 years, we will look back at this as the moment we began to turn the corner, when a sleeper issue finally
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The days of referring to the EEOC’s guidance on wellness incentives under the ADA and GINA as “long-awaited” may be coming to an end. The EEOC announced that it has sent a Notice of Proposed Rulemaking (NPRM) on this issue to the Office of Management and Budget (OMB) for clearance.
The NPRM is not available…
In our recent post, we noted the EEOC’s challenges to workplace wellness program incentives under the ADA and GINA, and the seemingly interminable wait for guidance from the EEOC on the acceptable size of incentives. On March 3, 2015, Republican members of the Senate and House introduced the Preserving Employee Wellness Programs Act…
Now comes Tacoma, Washington, joining the growing throng of cities and states that have passed paid sick leave laws. Recall our prediction two years ago that a mega patchwork of paid sick leave laws was on the way. It has arrived and continues to grow. There are more jurisdictions with paid sick leave laws that…
A doctor’s testimony that he treated the plaintiff twice for bronchitis was sufficient to deny the employer’s motion for summary judgment on plaintiff’s FMLA interference claim, even though the doctor had stated on the FMLA certification form that he had only treated the plaintiff once for bronchitis. Kossowski v. City of Naples (M.D. FL, February…
When might an employee who works for an employer with less than 50 employees within 75 miles be eligible for FMLA leave? When the employer is prohibited from denying the employee’s eligibility, according to a recent decision by the United States Court of Appeals for the Sixth Circuit. Tilley v. Kalamazoo Country Road Commission et…
President Obama has unveiled a handful of proposals that would give more employees more ability to be paid when absent from work for a variety of reasons.
The President called on Congress to pass the Healthy Families Act, which would allow employees to earn up to seven days per year of paid sick time. Employees…
The U.S. Department of Justice Department announced a settlement with Franciscan St. James Health (St. James), requiring that patients and companions who are deaf or hard of hearing receive sign language interpreters and other services necessary to ensure effective communication, in compliance with Title III of the Americans with Disabilities Act (ADA). Under the agreement,…
In March, we reported on a landmark consent decree that settled the first lawsuit filed by the U.S. Department of Justice alleging that a corporate website failed to meet standards for accessibility established by Title III the Americans with Disabilities Act (ADA). Now, the U.S. Department of Education’s Office of Civil Rights (OCR) has announced…
A plaintiff’s declarations that her medical impairment led to her limitations were insufficient to defeat her employer’s summary judgment motion because she failed to provide “proper evidence that any limitation she many have is caused by” her medical impairment, the U.S. Court of Appeals for the Tenth Circuit ruled (emphasis in original). Felkins v. City…
