The Americans with Disabilities Act requires an employer to accommodate an employee with a disability, if doing so will enable that individual to perform the essential functions of the job. The exception is if the accommodation would create undue hardship for the employer.
But when is that duty to accommodate triggered?
According to a New Jersey appellate court, Borgata Hotel Casino & Spa can do it.
Yesterday, I asked you — and when I say you, I’m referring to the best change-agents in the entire universe — whether you were cool with the government requiring your businesses to provide a modest amount of paid family and medical leave to employees.
Of those who responded to the poll — I’m talking the thought-leaders here who clearly deserve a place at the table — 53% said yes; 41% said no.
The rest of you said “baba booey.”
Last week, President Obama signed an Executive Order requiring federal contractors to provide paid sick leave. More on that here. The Department of Labor has a roadshow and social media campaign, through which it is touting the benefits of paid family and medical leave. And the Family and Medical Insurance Leave (FAMILY) Act is currently pending in Congress. This bill would provide create a family and medical leave insurance program.
As the debate over government-mandated paid sick leave continues, Patrick Kulp at Mashable reports here that over 200 faculty members from 88 institutions across the country, including MBA programs at NYU, Harvard and Wharton, have signed this open letter calling upon Congress to adopt a national paid family and medical leave policy.
“So, dynamic, Eric. Is there anything you can’t do?”
Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter. (You can follow me here).
No, you’re looking for some Fair Labor Standards Act goodies. Well, I’ve been known to “prolifically tweet[] about news and issues affecting labor and employment, from links to interesting articles to posting [my] personal take on developing stories.” In case you didn’t know. But, enough about my Twitter crown. Let’s keep it here at the award-winning The Employer Handbook, and talk about internships.
Some states and cities have made it illegal to ask about criminal convictions on job applications. A new bill introduced last week in both the U.S. House and Senate called the Fair Chance Act may “ban the box” across the country for all federal agencies and federal contractors.
Friends, it’s been a long week. No it hasn’t. It was a short 4-day workweek, on 2 of which I came to work in pajamas. So, I’m handing the keys to The Employer Handbook to a guest blogger. It’s my buddy, Behnam Salehi. Behnam is an Associate Attorney at Freeman Mathis & Gary, LLP. If you want to give Behnam a shout, maybe ride shotgun in my Ferrari before he returns it washed and waxed, you can email him. And if you want to guest blog on an employment-law topic at The Employer Handbook, email me.
And when the employer practically admits as much at a deposition = hella-stupid retaliation
One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span. Number one was social media.
While for us bloggers, social media presents the lowest-hanging clickbait fruit, its metamorphosis and overall effect on the workplace is undeniable. Social media presents a slew of issues, from hiring (all those state laws on social media passwords) to firing (like the time those Facebook postings bungled an employee’s FMLA claims) and so much more.
The Employer Handbook Blog