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Disability, Leave and Health Management

Employers are faced with an increasing number of—and often conflicting—federal, state and local laws impacting how to manage employees with disabilities, illness and family/personal obligations.

Overview

Our Disability, Leave & Health Management Practice Group takes a multi-disciplinary and collaborative approach to addressing the complexity of disability, leave and health management issues so that employers can maintain legal compliance. At all times, our goal is to help employers reduce the risk of employment litigation, decrease the costs associated with absent and under-productive employees, help contain health care-related expenses, and promote employee health, safety and wellness.

As part of our legal services, we assist employers with navigating complex leave administration questions that require an understanding of federal, state and local laws such as the FMLA, state leave laws, ADA, GINA, HIPAA, COBRA and ERISA. We also offer practical advice on integrating legal obligations under those laws with company paid time-off, disability and group health benefit programs. Some of the specific services we provide include:

  • Reviewing and developing leave and attendance policies;
  • Reviewing and developing template forms and letters used to administer leaves of absence and to process reasonable accommodation requests;
  • Reviewing and developing management guidelines to assist in administering and integrating leave and benefit programs in compliance with federal and state laws;
  • Monitoring and summarizing state leave laws, including a rapidly growing number of state and local paid sick leave laws, to guide day-to-day decision-making for employees who are absent or on leave;
  • Providing legal advice on individual leave and accommodation issues; and
  • Training on integrated disability and absence management compliance obligations.

In addition, our litigation attorneys have extensive experience defending employers against legal challenges to disability management decisions before courts and administrative agencies, including class action litigation.

ADA Title III

Title III of the Americans with Disabilities Act (Title III) requires virtually every business that provides goods and services to the public to make its products and facilities accessible to individuals with disabilities. These Title III mandates create complicated compliance issues that many businesses are only beginning to grapple with and understand. Read More

Wellness Programs

Despite their popularity, wellness programs are drawing increased scrutiny under a variety of federal laws such as the ADA, GINA, Title VII, the ADEA, the EPA, HIPAA, ERISA and the ACA. Depending on the wellness program design, state law may also regulate these programs. We were one of the first law firms to write and speak about the... Read More

The Team

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Dec 7

Las Vegas, NV
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Nevada Labor & Employment Law Symposium

December 7, 2017 - 8:00 AM to 4:00 PM PST
3960 S. Las Vegas Blvd - Las Vegas, NV
Credits: CLE - 6.5, HRCI - 6.5, SHRM - 6.5
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The Massachusetts Pregnant Workers Fairness Act and Employer Obligations to Pregnant and New Parent Workers

September 27, 2017 - 3:00 PM to 4:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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Preparing for New York Paid Family Leave: Are You Ready?

September 13, 2017 - 1:00 PM to 2:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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Preparing for New York Paid Family Leave: Are You Ready?

September 6, 2017 - 1:00 PM to 2:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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November 7, 2017

Mayor Signs Law Adding Safe Time to NYC Earned Sick Time

November 7, 2017

New York City Mayor Bill de Blasio signed Intro 1313-A into law, requiring employers to provide paid time off for hours taken in connection with family offense matters, sexual offenses, stalking, and human trafficking, grouped collectively as “Safe Time.” On November 6, 2017, NYC Mayor Bill de Blasio signed into law Intro 1313-A, an... Read More

October 18, 2017

New York City Council Expands Earned Sick Time Law to Include Safe Time

October 18, 2017

New York City’s Earned Sick Time Act (also known as the Paid Sick Leave Law) will require employers to allow employees to use paid time off for “Safe Time” under an amendment (Int. 1313-A) passed by the New York City Council on October 17, 2017. Under the revised law (the “Earned Safe and Sick Time Act”), employers will be required to... Read More

October 6, 2017

Rhode Island Enacts Paid Sick Leave Law

October 6, 2017

Rhode Island has joined the growing list of states and municipalities that have enacted paid sick leave laws. Under the Healthy and Safe Families and Workplaces Act, signed by Governor Gina Raimondo, employers with at least 18 employees must provide their employees with paid sick leave. The new law goes into effect July 1, 2018.... Read More

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November 14, 2017
SHRM

Jonathan Bing, Richard Greenberg, Daniel Jacobs and James Ansorge Author "Mayor Signs Law Adding Safe Time to NYC Earned Sick Time"

November 14, 2017

Jonathan Bing, Richard Greenberg, Daniel Jacobs and James Ansorge Author "Mayor Signs Law Adding Safe Time to NYC Earned Sick Time," published by SHRM. Subscription may be required to view article Read More

November 6, 2017
Business Insurance

Joseph Lynett Discusses Surge in Lawsuits Demanding ADA-compliant Websites

November 6, 2017

Joseph Lynett discusses an increase in lawsuits filed against companies alleging violations of the Americans with Disabilities Act for failure to maintain websites that are accessible to the blind and visually impaired in "Disability suits over website access surge," published by Business Insurance.  Subscription may be... Read More

November 1, 2017
Law 360

Jackson Lewis' Recently Elevated Principals Featured by Law 360

November 1, 2017

Jackson Lewis’ newly elevated Principals were highlighted in "Law360 Names Attys Who Moved Up The Firm Ranks In Q3," published by Law360. Subscription may be required to view article Read More

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City of Santa Monica Minimum Paid Sick Leave Accrual Limits to Increase January 1, 2018
November 20, 2017

The grace period is over. Effective January 1, 2018, the City of Santa Monica’s minimum cap on accrued sick leave for eligible employees will increase from 40 to 72 hours for businesses with 26 or more employees. The accrual-cap for businesses with 25 or fewer employees will increase from 32 to 40 hours. Read More

What Am I Doing Wrong?? Common FMLA Mistakes
November 15, 2017

“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the eleventh in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration. Read More

By Sheri Giger and Bryant Andrews-Nino

FMCSA Expands Its Drug Testing Panel Effective January 1, 2018
November 10, 2017

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced in a rule to be published in the Federal Register on November 13, 2017, that it will expand its drug testing panel to include four synthetic opioid drugs: hydrocodone, hydromorphone, oxycodone and oxymorphone. Read More