Management's Workplace Lawyers

December 2016 E-update

December 30, 2016

EEOC Issues Workplace Rights Resource Document for Individuals with Mental Health Conditions

The Equal Employment Opportunity Commission issued a resource document explaining workplace rights under the Americans with Disabilities Act for individuals with mental health conditions.

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Court Holds ADA Does Not Require Reassignment Without Competition

A federal appellate court rejected the Equal Employment Opportunity Commission’s position that the Americans with Disabilities Act mandates noncompetitive reassignment as a reasonable accommodation.

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OSHA – 5-Year Injury Recording Rule.

The U.S. Occupational Safety and Health Administration has issued a final rule that reaffirms the requirement for employers to make records of workplace injuries and maintain such records for five years following the injury.

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DOL – Misclassification Webpage.

The U.S. Department of Labor has created a new webpage on the misclassification of employees as independent contractors.

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Philadelphia – New Wage History Legislation.

. The Philadelphia City Council has passed a city-wide ordinance that prohibits employers from inquiring about or requiring disclosure of an applicant’s wage history during the hiring process.

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DOT – CDL Drug and Alcohol Clearinghouse.

On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.”

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DC – New Paid Family and Medical Leave Law.

On December 20, 2016, the District of Columbia Council approved the Universal Paid Leave Act of 2016, an expansive family and medical leave bill, but the bill is still subject to a possible mayoral veto and Congressional review.

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TOP TIP: Reasonable Accommodation Requests Come in Many Ways

Employers should be aware that there are no “magic words” for requests for reasonable accommodation under the Americans with Disabilities Act. A recent case, Cady v. Remington Arms Co., provides a striking example of when communications about an employee’s physical condition may constitute a request for reasonable accommodation.

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