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Elsewhere, in this E-Update, we discussed how unlimited paid sick leave was not a reasonable accommodation under the Americans with Disabilities Act where in-person attendance is an essential function of the job. In another case emphasizing the essential nature of in-person attendance for certain jobs, the U.S. Court of Appeals […]

Although federal law offers strong protections for the use of service dogs (and miniature horses!), such use is not entirely without limitations, as the U.S. Court of Appeals for the Sixth Circuit recently found. In Bennett v. Hurley Medical Center, a nursing student had a service dog that could recognize […]

The answer to this question is important because, under the National Labor Relations Act, an employer and union must bargain in good faith with regard to matters to be covered by a collective bargaining agreement, and the employer can change the conditions of employment only when agreement is reached or […]

The Women’s Bureau of the U.S. Department of Labor has created sample employment agreements for cleaners, home care workers, and nannies to assist both the workers and employers in understanding their rights and obligations, and to clarify the terms and conditions of employment. Although specific to these workers, these agreements […]

As we have noted over the past several months, including in our September 2023 E-Update, the federal workplace agencies have been entering into Memoranda of Understanding that will allow them to cooperate on workplace investigations, resulting in an expansion of possible liability for employers. The latest agreement is between the […]

At least, not when in-person attendance is an essential function of the job, according to the U.S. Court of Appeals for the Seventh Circuit (which further noted that it is generally an essential function of many jobs). Accordingly, requiring an employee to use her existing sick time to cover disability-related […]

Employers have watched with dismay as the National Labor Relations Board, under an admittedly pro-union President, issued opinions and rules that significantly promote the interests of unions over those of employers. The Board’s actions, however, may be challenged in court, and the U.S. Court of Appeals for the Fifth Circuit […]

As part of the corrective action process, some employers require employees to go to a company-provided Employee Assistance Program (EAP). Such programs are intended to offer resources and support to employees for their personal issues on a confidential basis, at no cost to the employee. The scope of services is […]

As we discussed in our October 26, 2023 E-lert, the National Labor Relations Board recently issued a final rule that will result in more findings that two entities are joint employers. Originally scheduled to take effect on December 26, 2023, the Board has now announced that the effective date will […]

As employers with Maryland employees seek to assess the economic impact of the forthcoming paid family and medical leave mandate, one question has been – what is the contribution rate? And the Maryland Department of Labor has now announced that it will be .90% of an employee’s covered wages, equally […]