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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

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Mar 16

Melville, NY
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SHRM Long Island Breakfast Series: Wage and Hour Series, Part II: Let’s See What the DOL Has to Say About This

March 16, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Mar 23

Riverhead, NY
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SHRM Long Island Breakfast Series: This Escalated Quickly: How to Protect Yourself If And When a Case Goes To Trial

March 23, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Apr 20

Melville, NY
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SHRM Long Island Breakfast Series: The Future is Now: How and Why “Big Data” Is Changing the Workplace – and HR – As We Know It

April 20, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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It Pays to Be Sick: Executive Order 13706 and What it Means for Federal Contractors

October 20, 2016 - 2:30 PM to 3:30 PM EST
Credits: CLE - 1.0/1.2*, HRCI - 1.0, SHRM - 1.0
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Archived

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California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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January 31, 2017

President Trump Nominates Neil Gorsuch to U.S. Supreme Court

January 31, 2017

Ending months of speculation, President Donald Trump has nominated the Honorable Neil McGill Gorsuch to succeed Justice Antonin Scalia on the U.S. Supreme Court. If confirmed by the Senate, Judge Gorsuch would bring more than 10 years of judicial experience to the position. Still, the Supreme Court is sui generis, different than any... Read More

January 17, 2017

Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules

January 17, 2017

In a case reminding employers of their obligation to notify employees about their Family and Medical Leave Act rights, the District Court of New Jersey has ruled that an employer violated the FMLA when it terminated an employee without providing her notice that her modified return-to-work date exceeded her available leave. Ross v. Youth... Read More

January 10, 2017

2017: The Year Ahead for Employers

January 10, 2017

An executive summary of recent changes in workplace law and a look ahead to 2017. Read More

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February 23, 2017
Law 360

Michelle Phillips Comments on the Trump Administration Rescinding Directives for Transgender Students

February 23, 2017

Michelle Phillips comments on the Trump administration rescinding a directive allowing transgender students to use the bathroom of their choice, and its impact on EEOC enforcement strategies of transgender rights in the workplace in "Trump's Trans Bathroom Access U-Turn May Not Slow EEOC," published by Law360. Read More

February 17, 2017
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Provide Commentary, Insight in Wolters Kluwer Briefing on Labor and Employment Law Developments for 2017

February 17, 2017

Commentary and insight from Jackson Lewis attorneys K. Joy Chin, Paul Patten, Richard I. Greenberg, Jeffrey W. Brecher, Joy M. Napier-Joyce, Howard M. Bloom and Philip B. Rosen are featured in Wolters Kluwer's "Federal agencies: What happened in 2016-will 2017 be different?", a briefing on labor and... Read More

February 16, 2017
Bloomberg BNA

Michelle Phillips Discusses LGBT Protection Rights Under the Trump Administration

February 16, 2017

Michelle Phillips discusses bathroom access rights of transgender students under the Trump administration in "Will Trump Administration Retreat on LGBT Protections?" published by Bloomberg BNA. Subscription may be required to view article Read More

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Trump Administration May Enforce Federal Laws Prohibiting Non-Medical Use of Marijuana
February 23, 2017

In one of the Trump Administration’s first public statements on recreational marijuana, White House Press Secretary Sean Spicer stated in a press conference today that the Department of Justice may seek “greater enforcement” of the federal laws prohibiting the recreational use of marijuana. Mr. Read More

Think Before You Call: Contacting Employees On FMLA Leave
February 21, 2017

How many employers have had this situation arise?  An employee requests and receives FMLA leave.  While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was working on, or a crucial question comes up that only the employee on leave can answer. Read More

DC Mayor Declines to Veto DC’s Paid Family Leave Bill
February 17, 2017

Back in December 2016, we wrote an article discussing the passage of the District of Columbia Universal Paid Leave Amendment Act of 2016 (“the Act”) by a 9 to 4 DC City Council vote on December 20th.  We explained that the next step was for the Act to be presented to Mayor Muriel Bowser. Read More