…who to screen/test, for example. Treat employee medical information concerning long COVID confidential, just as you would other medical information. Before the COVID-19 pandemic, most accommodations did not pose a…
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There’s a new FMLA Poster
…that some of you are judging me right now. Anyway, I was over on the Workplace Posters portion of the site when I clicked on The Family and Medical Leave…
“I told you that I’ve never been disabled,” said the man who sued for disability discrimination.
…decision, the court highlighted that the plaintiff was not disabled under New Jersey’s Law Against Discrimination and “has never been deemed disabled by a medical doctor.” The court also rejected…
Choose your words carefully when using noncompetition agreements
…night in which a company tried to enforce a three-year, thirty-mile noncompete against its former nurse practitioner that would prevent her from “provide[ing] services involving the medical field of allergy…
400,000 reasons not to have this pregnancy policy in your workplace
…written policy requiring pregnant employees to disclose their pregnancies (while not requiring other non-pregnant employees to disclose medical conditions). Plus, pregnant employees then allegedly had to submit to medical examinations…
Can employers require employees to make up time they miss for FMLA leave?
The Family and Medical Leave Act guarantees eligible employees up to 12 workweeks of leave in a 12-month period for a qualifying reason, such as taking care of…
A CBD user drug tests positive. Do we have to excuse it? Is she actually disabled?
…a disability. The plaintiff finished a letter from her nurse acknowledging what the plaintiff told her about the CBS use. But the letter did not contain any official medical diagnosis….
Is your business struggling with return to the office and disability accommodation requests?
…companies face is how to address the spike in medical-related requests to continue to work from home. As part of its earlier guidance about what employers should know about COVID-19,…
Oh, no! Tell me a supervisor didn’t write THAT on an employee’s PIP.
If you haven’t done FMLA training for your supervisors, hopefully, this post will motivate you to get some on the calendar. The case I want to share…
Did an employee just discover an “FMLA loophole” to arbitration agreements?!?
…policy preference for arbitration. But suppose one of your employees decides to pursue a class action lawsuit in federal court alleging violations of the Family and Medical Leave Act. The…