Many employees are entitled to take time off under federal and state family and medical leave laws. Employers should remember, though, that workers who run out of leave—or who aren’t covered by such laws—may be eligible for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).
Prior to the pandemic, multistate employers already had to grapple with different, and sometimes conflicting, leave laws. The coronavirus crisis has added another layer of complexity as federal, state and local lawmakers continue to issue COVID-19-specific mandates.
The Court of Justice of the European Union just ruled that an important data protection scheme established between the European Union and the United States is invalid, calling into question many aspects of important data transfers carried out by private businesses in America. In what is being referred to as the “Schrems II” decision, the July 16 decision invalidating the EU-U.S. Privacy Shield reinforces the importance of data protection. It raises important questions as to the future of international data flows and use of data transfer mechanisms between the EU and companies around the globe, but especially those in the U.S.
The U.S. Equal Employment Opportunity Commission (EEOC) will fund a statistical study of the EEO-1 Component 2 data collected for 2017 and 2018. The agency has suggested that it is considering collecting pay data in the future, so this study may be used to refine plans for that future effort.
A truck driver who brought an Americans with Disabilities Act (ADA) lawsuit to challenge his firing after having lung biopsy surgery and a respiratory tract infection should not have had his claim dismissed because of the transitory nature of his condition, the 3rd U.S. Circuit Court of Appeals decided.
A recipient of in-patient treatment in a court-ordered drug and alcohol rehabilitation program who performs work for the program during the course of treatment is not an employee of the program for the purposes of the Fair Labor Standards Act (FLSA), the 2nd U.S. Circuit Court of Appeals ruled.
The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause the most administrative and implementation headaches. In a July 16 release, the DOL published a request for information seeking public input about the way it interprets and implements the federal leave law so it can “provide a foundation for examining the effectiveness of the current regulations in meeting the statutory objectives of the FMLA.” What are the top five changes that could be on the horizon?
An employee who erupts into an angry tirade or bursts into tears may be just as surprised as everyone else at the workplace by the sudden onslaught of emotion. As workers deal with the uncertainty and loss resulting from a global pandemic, a recession and racial tensions, such emotional flare-ups are increasingly likely to occur. However rattling, a meltdown is not necessarily a terrible thing. Emotions that aren’t dealt with "don’t go away. They just go underground, to the detri
Summer always raises the risk of heat-related illness, especially for those who work outside, but wearing a face mask to stop the spread of COVID-19 shouldn’t make it any more dangerous, experts said. The key to staying safe and comfortable is to wear the right kind of mask and, as always, remember to hydrate and acclimatize before spending long periods in the heat.
Many employees would like to donate their paid time off (PTO) to help those affected by COVID-19. Employers can harness this generosity with a special leave-based donation program designed specifically for COVID-19, or with traditional approaches adapted for these circumstances.
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