Posts in Americans with Disabilities Act.

Where are we these days with respect to mind-altering substances and the workplace? Here's the latest, with the "substances" discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes.

ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit its use in the ...

Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs.

The candidate had end-stage renal disease.

Now, Kmart has been hit, too, in a case involving almost ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

NOTE: On January 15, this post was updated and one correction made (see "Nipped in the bud" and "Jury clobbers Catholic diocese," below). 

Happy New Year, everyone! While I've been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy:

WAGE AND HOUR

Twenty states raised ...

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! 

Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he was harassed and ...

Employers, if you're getting advice like this from your employment lawyer, do you know what time it is? Time to get a new employment lawyer.

"Never give in on unemployment."

This is terrible advice on so many levels. First, an employee who doesn't have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you -- as a matter of financial ...

You're an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:

Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed to exempt employees who answer emails at all hours and handle business while driving to and from ...

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on wellness programs. The proposed regs are expected in February.

To read about the continuing saga of the ADA/GINA and employer ...

Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test. According to the U.S. Equal Employment Opportunity Commission, Ms. Jones told an assistant store manager that she had end stage renal cancer, which prevented her from taking a urine test. The EEOC says that Jones then went to the drug testing collection ...

UPDATED 10/29/14 and 11/7/14 (see below). Thanks to Kate Bischoff of The Employment Law Navigator for bringing this to our attention.

The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health insurance coverage ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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