November 2023 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS EEOC Provides Guidance to Employers on Accessible Workplaces The Equal Employment Opportunity Commission has published an article, “Providing an Accessible Workplace,” in response to President Biden’s 2021 Executive Order 14035 on “Diversity, Equity, Inclusion and Accessibility in the Federal […]

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 […]

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 […]

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Court Rejects NLRB’s Decision that Company Uniforms Are Presumptively Unlawful 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 […]