Offering Practical Guidance to Employers
The Connecticut Supreme Court has upheld an arbitrator’s award reinstating a police officer who lied to a neurologist about his medical history during an independent medical examination. Town of Stratford v. AFSCME, Council 15, Local 407 (CT Sup.Ct., official release date of December 23, 2014).
The police officer had a seizure while operating a police…
“Elections have consequences” goes the maxim and one of the consequences of the November 4 election is that employers in four additional jurisdictions have paid sick leave laws (PSL) to consider. The margin of approval suggests that PSL laws are widely supported by the electorate.
Massachusetts becomes the third state to enact a PSL, following…
After staying on the litigation sidelines for years while the popularity of workplace wellness programs skyrocketed, the EEOC has brought its third lawsuit in about two months, alleging that the employer’s wellness program was not “voluntary” due to the “large” and “substantial” penalties to those who chose not to participate. Because the program was involuntary,…
The EEOC has sued an employer because the penalty to employees for not participating in its wellness program was so steep that it made the “voluntary” program involuntary. EEOC v. Orion Energy Systems, E.D. WI, filed August 20, 2014). Because the program was involuntary, the disability related questions employees were asked violated the ADA, according…
San Diego has become the tenth jurisdiction requiring employers to provide employees with paid sick leave. On August 18, 2014, the San Diego City Council overrode the mayor’s veto of the Earned Sick Leave and Minimum Wage Ordinance. The earned sick leave provisions of the ordinance are effective on April 1, 2015.
Employees who…
“The accommodation process is not a verbal game of tag in which the last person to say something wins,” according to the dissenting judge in a case that focused on which party was responsible for the breakdown of that process. Ward v. McDonald, Secretary U.S. Department of Veterans Affairs (D.C. Cir. August 12, 2014).
The…
The plaintiff’s dog bit her, leading to a hospital stay, complications and absence from work for more than two weeks. After the plaintiff failed to produce the FMLA Certification from her health care provider to support her absences, her employer terminated her. Finding that there were issues to be resolved by a jury concerning whether…
Eugene, OR enacted its “Ordinance Concerning Sick Leave” on July 29, 2014, making it the ninth jurisdiction to have a paid sick leave law. The other eight are San Francisco, Seattle, Portland, OR, New York City, Newark and Jersey City, New Jersey, Connecticut and the District of Columbia. Massachusetts voters will decide in…
A contractor’s violations of 14 federal statutes (and equivalent state statutes) must be taken into account by contracting agencies when considering contract awards, according to an Executive Order signed by President Obama on July 31, 2014. The ADA, FMLA and Section 503 of the Rehabilitation Act are among the 14 listed statutes. For additional information…
In a controversial move, the EEOC yesterday issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a “Q&A” document about the guidance and a Fact Sheet for Small Businesses. Two Commissioners, Constance S. Barker and Victoria A. Lipnic, filed statements expressing their dissent from the Commission’s adoption of the Guidance.…
