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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…

Last week Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent…

Westchester County has released a model Notice of Employee Rights for the Westchester County Earned Sick Leave Law (“WCESLL”), effective April 10, 2019.

According to FAQ’s released simultaneously, starting on April 10, 2019, employers must begin providing eligible new hires with a copy of the law and written notice, which is intended to explain how…

The Fourth Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.  The Court held that an employer did not violate the Rehabilitation Act by taking adverse action against an employee because of her attendance issues—even though they were caused by her mental illness.  Hannah P. v. Coats…

“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 21st blog in this series, which digs into the FMLA regulations to address discrete mis-steps that can result in legal liability.

Dictating the documentation an employee provides to establish a family relationship.…

In 2019, we are poised to learn where the Fourth Circuit stands on reassignment as an accommodation—an issue that has split the Circuits.

Before discussing where courts are divided, let’s start with the consensus.  First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable accommodations to the limitations of an employee with…

As of midnight December 21, 2018, 380,000 federal employees were placed on furlough.  An additional 420,000 are considered “excepted” and have continued working without pay.  Federal employers and employees should be aware of how the government shutdown impacts both paid time off requests as well as approved FMLA leaves.

According to the Office of Personnel…