Last week, I posted about five ADA reasonable accommodations that employers never dreamed they would have to make. This week is the happy antithesis to that -- five ADA accommodations that an employer almost never has to make. As with last week's post, every one of these is 100% guaranteed true.

1. Create a job. It's always tempting, but you are not required under the ADA to create a job to ...

I know you're all poring over the Affordable Care Act, now that we have to comply with it, and trying to decide whether Chief Justice John Roberts is an evil turncoat, or a hero, or a "double agent" for the ACA's opponents . . . or for its advocates. (That's the trouble with those darned double agents.)

The heck with all that. Consider this a study break. Here are five ADA reasonable ...

I apologize for the late posting. Our blog server was having severe difficulties on Friday.

Four out of five doctors* agree: work-life balance is the most, to say the least.

*Made-up statistic.

Seriously, it is. Studies have shown that employees who have lives outside of work are healthier and more productive than those who don't. They are also more satisfied with their jobs and stay on ...

Many thanks to Nathan Johnson for submitting this guest post!

Here is a brief breakdown of this week's 5-4 Supreme Court decision in Christopher v. SmithKline Beecham Corp., which held that pharmaceutical reps are subject to the "outside sales" exemption to the overtime requirements of the Fair Labor Standards Act. The Court split along the expected lines: Justice Samuel Alito wrote ...

"Love means having to say you're sorry." Wait a minute. Is that a typo? 

No. Erich Segal, I beg to differ. As anyone who has a life knows, love means having to say you're sorry a lot. And that goes for employers, too. The company apology is a fine thing, as long as it is sincere, not a "non-apology apology," and accompanied by what they call a "firm purpose of amendment."

If you don't apologize when ...

The latest guidance on social media and protected concerted activity, issued last week by Lafe Solomon, Acting General Counsel of the National Labor Relations Board, is for the most part an unrealistic, hair-splitting mess. ("But Robin, tell us how you really feel about it!") However, there is a somewhat happy ending that I'll talk about at the end of this post.

The first two ...

Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world!

Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the federal Defense of Marriage Act was unconstitutional. Section 3 provides that, for purposes of ...

As you all know, the Americans with Disabilities Act excludes "current users of illegal drugs" from protection. Meaning that an employer is free to take action against applicants or employees based on their current use of illegal drugs.

A question that has arisen a few times, and which I've managed to sidestep, has been this: What about current use of medical marijuana? Assuming the ...

I wonder if there is a recognized legal specialty in the area of unwed-pregnant-moms-and-religious-schools-discrimination law. If so, I think I will qualify very soon. Happy belated Mother's Day?

Not long ago, I wrote about the Archdiocese of Cincinnati, which terminated an unmarried pregnant teacher at a Catholic school -- not for "immoral" behavior -- although they did think her ...

I was off enjoying the Florida sunshine last weekend while learning the latest techniques in pettifoggery and obfuscation (kidding!), but I hope I'll be making up for it today with a good case answering the musical question: "What does an employer do when it finds out that its employee on 'medical leave' is actually doing stuff?" You know, like working another job, or hanging out at the gun ...