Recently, the Equal Employment Opportunity Commission (“EEOC”) has focused on filing lawsuits relating to an employer’s obligations under the Americans with Disabilities Act (“ADA”) when using pre-employment medical exams. During the month of September, the EEOC filed suit against Huntington Ingalls Industries in the U.S. District Court for the Eastern District of Virginia,* and against Consolidated Edison Company of New York, Inc. in the U.S. District Court for the Southern District of New York.**Read More
Polsinelli at Work | Labor & Employment Blog
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While the FMLA provides for protected time off, it does not provide for paid sick leave. However, paid sick leave laws are gaining popularity at the state level. Rhode Island is poised to become the eighth state, in addition to the District of Columbia, to approve a paid sick leave law for employees, if the law is signed by the governor as expected.
Paid sick leave laws – as opposed to the Family Medical Leave Act that provides certain employees up to 12 weeks of unpaid, job-protected leave per year – typically grant employees a minimum number of paid sick hours or days each year, and govern the permissible reasons for employees to take such leave.Read More
By Judy Yi
Employers considering selling their business spend large amounts of time preparing the books, improving EBIDTA, fine-tuning marketing strategies, and reducing redundancies, among many other tasks, to improve the sale price. Yet six skeletons in the employment closet, discussed below, could cause serious problems during due diligence and halt an impending sale-of-business transaction:Read More
A recent decision rendered by the Third Circuit Court of Appeals serves as a timely reminder that employers must consider the legal implications of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) when litigating workers’ compensation claims. In Zuber v. Boscov’s, the Court determined that a release obtained in a workers’ compensation case did not act as a bar to later-asserted FMLA claims.Read More
On October 2, 2017, the United States Supreme Court heard oral argument in Epic Systems v. Lewis, which considers the import of the National Labor Relations Act (NLRA) on the enforceability of class action waivers under the Federal Arbitration Act (FAA). According to some estimates, approximately 25 million employees are covered by arbitration agreements that prohibit class actions or other joint proceedings. Thus, the Supreme Court’s decision is likely to have a significant impact on employment and labor relations throughout the country.Read More