To say that COVID-19 has shaped the year would be an understatement. COVID-19 will probably shape the decade at the very least. Just as we think we are getting a handle on how to respond, we see a new challenge. As employers, you may experience this phenomenon daily or even more frequently. As I have […]
When Addressing a Workers’ Comp Claim, Don’t Forget FMLA (and ADA)…
If you hire or manage employees, chances are at some point or another at least one of your employees will be hurt on the job–and then you will be dealing with a claim for workers’ compensation benefits. Suppose you find yourself in such a situation and you settle the claim. Your employee receives benefits, and […]
How Does a One-Year Leave Policy Violate the ADA??
UPS just settled an 8-year disability discrimination lawsuit for $1.7 million. The employees in question had all had leaves of absence of more than one year and failed to return to work. So UPS fired them. What’s wrong with that? They hadn’t come to work in more than a year–and an employer still has […]
IKEA and Trump On Furnishing Paid Employee Leave…
During the election, paid employee leave was a big hot-button issue. Both Donald Trump and Hillary Clinton supported paid employee leave. That opposing presidential candidates would seem to agree on such an issue was, on the surface, somewhat surprising. Of course, as they say, the devil is in the details, and the two candidates differed […]
How Obergefell v Hodges Impacts Employee Leave Laws
Last week at The EmpLAWyerologist, we took our first look at Obergefell v Hodges, the Supreme Court’s ruling that the Constitution requires recognition of same-sex marriages. Specifically we looked at its impact on employee benefits (Click here if you missed that post.) Obergefell affects other employment-related issues though. This week, we will focus on how Obergefell […]