When an employee requests an accommodation or asserts a claim under the Americans with Disabilities Act, an employer’s second question—right after “Are we even covered by the ADA?”—will likely be: “Did/does the employee have a disability?” (Claims from employees who are merely perceived as disabled are a topic for another day.) The definition of a
Virginia: the Next State to Protect LGBTQ Employees from Discrimination?
If you’re a regular reader of our blog, you probably know that the question of whether federal law prohibits employment discrimination against employees on the basis of their sexual orientation or gender identity remains open, which the Supreme Court may (or may not) resolve this year. While the EEOC continues to move forward in processing
NJ Issues Guidance on Race Discrimination Based on Hairstyle
Recently, several jurisdictions have stated that discriminating against an employee on the basis of the employee’s hairstyle, where the hairstyle is closely associated with race, constitutes race discrimination. The New Jersey Division of Civil Rights has clarified its approach to this issue, recently issuing guidance on how it will apply the New Jersey Law Against
Nevada Supreme Court Restricts Wrongful Termination Claims
Partner Deanna Forbush of our Labor & Employment Practice Group recently secured a victory in the Nevada Supreme Court on a matter of first impression that will benefit all employers by establishing a two-year statute of limitations for wrongful termination claims.
The decision in Patush v. Las Vegas Bistro, LLC upheld the lower court’s decision
He’s Not MY Employee … Or Is He?
Patti Ramseur and Alex Maultsby of Fox Rothschild’s national Labor & Employment Practice offer insights on employee classifications.
Engaging independent contractors instead of hiring employees is enticing… no overtime pay, benefits, tax withholdings, FICA obligations or legal liability for certain claims.
If you misclassify a worker, however, the penalties are great — back overtime pay,
Maine Joins Growing Ranks of States Banning Salary History Inquiries
At this blog, we’ve written extensively about the proliferation of legislation at the state and local level to prohibit employers from inquiring about the salary or wage history of job applicants. As with state and local laws requiring employers to provide paid sick leave, laws restricting employers from making wage inquiries during the application
Leave Laws Giving you a Headache?
Leave laws continue to be one of many jurisdictions’ top legislative priorities.
If you are going to be in Chicago next week, maybe I can help you understand your obligations under various leave laws.
I’m speaking at MAPI’s Benefits & Compensation in Manufacturing Conference on paid leave laws. Join me and other industry experts April
Disability Accommodations Can Take Many Forms
Often times when I am speaking to a client about an employee’s requested accommodation for a disability, we are talking about leave as that is often the request most difficult to accommodate. Another one that gives employers fits is “light duty.” But what about some other types of accommodations?
A recent Pennsylvania case reminds employers
Afraid Your Workers Might be Like Cheech and Chong with Medical Marijuana?
With the prevalence of medical marijuana laws in this country, I routinely get asked by employers what are the rules where an employee has a medical marijuana card? Can I still do pre-employment screening? What if they are using at work? Do I have to accommodate medical marijuana in the workplace?
Get the answers to
NJ Legislation to Expand Accommodations for Breastfeeding Employees Proposed
Earlier this year, New Jersey enacted a law to protect breastfeeding employees and require employers to provide certain accommodations to breastfeeding employees.
Notably, this law required reasonable accommodations as a general matter but also noted that reasonable accommodation “shall include reasonable break time each day to the employee and a suitable room or other location