Category Archives: Leave and Disability

Ebola Outbreak Raises Questions for Employers

As a result of the attention surrounding the ongoing Ebola outbreak, many employers are wondering how to handle situations involving communicable disease. Not much medical testing of employees is allowed. If however, a pandemic is widespread and is a direct…

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Learn About Pregnant Employees Workplace Rights During Nov. 11 #hrintelchat

Are you treating your pregnant employees properly? Do you have to offer them an accommodation? There’s been a flurry of action around treatment of pregnant employees under the Pregnancy Discrimination Act, some of which has been confusing. The PDA says…

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Third EEOC Wellness Lawsuit Draws Industry Ire

An employer group criticized the latest legal challenge to an employee wellness program filed by the U.S. Equal Employment Opportunity Commission. The commission alleges that Honeywell International, Inc.’s biometric testing incentive for employees and their spouses violates the Americans with…

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NY Mets Brass Charged with Pregnancy Discrimination

A former New York Mets executive has filed a federal lawsuit against the baseball franchise alleging violations of the Family and Medical Leave Act and the New York State Human Rights Law, claiming that she was harassed and ultimately dismissed…

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Fewer Companies Offer Paid Family Leave, Trend Points to PTO Plans

Federal law does not require leave under the Family and Medical Leave Act to be paid, but one in five companies today offer paid family leave — down from one in four companies that reportedly offered it from 2010 to…

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Learn About the HR Risks of Social Media During Sept. 24 #hrintelchat

The rise of social media has opened employers up to a wide range of new employment law risks. Everything from privacy issues to leave and disability concerns can come up when employees use social media. It only seems fitting to…

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6th Circuit Vacates Ruling That Telecommuting Is Reasonable Accommodation

A federal appeals court has vacated and agreed to rehear a recent opinion in which it held that permission to work from home can be a reasonable accommodation required by the Americans with Disabilities Act. In the now-vacated ruling, the…

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Suit Seeking Plan Docs in Spanish Dismissed for Lack of Harm

A federal district court judge on Aug. 12 dismissed a suit by current and former employees of a Maryland construction company who alleged that the company failed to comply with ERISA disclosure requirements and to provide retirement plan documents upon…

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EEOC Files First ADA Lawsuit Against Employee Wellness Program

The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because…

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Forcing Pregnant Employee to Work then Firing her for Underperforming Raises FMLA Interference Claim, 11th Circuit Rules

An employee who was “forced” to work both during her pregnancy and immediately after her child’s birth, rather than take leave under the Family and Medical Leave Act, may have a viable FMLA interference claim when the employer later penalizes…

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