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The country begins the second year of the COVID-19 pandemic with optimism because of three Emergency Use Authorization vaccines and President Joe Biden’s direction that all states make all adults eligible for vaccination by May 1, 2021. As more workers return to work in person, there are key considerations for employers in the coming months.

A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss.   Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Jan. 7, 2021). Read more about this decision and considerations for employers here.

On December 29, 2020, the U.S. Department of Labor (“DOL”) issued two field assistance bulletins (“FABs”) aimed at clarifying obligations under the Family and Medical Leave Act (“FMLA”) in light of the prevalence of telework and telehealth.

The first FAB (No. 2020-07), Electronic posting for purposes of the FLSA, FMLA, Section 14(c) of the FLSA

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids. They provide employers insight into how the EEOC envisions information exchange and accommodation efforts. Read more.

On July 16, 2020 the Department of Labor (“DOL”) unveiled its new FMLA forms. As we previously reported, the DOL announced its plan to revamp the forms in August 2019. However, the DOL made further revisions to the August 2019 drafts based on public comments. The new forms can be used to comply with

The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer. Peddy v. Aaron’s, Inc. Case No. 02:18-cv-1625 (E.D. La. Feb. 21, 2019). The Court also ruled in favor of the employer on its counterclaim for

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue.

A recent decision from the U.S. Court of Appeals for the Eighth Circuit offers a potential “fix” for employers. In Davis v. Anthony, Inc. Case No. 16-4051