EEOC to Explore Treatment of Wellness Programs Under Federal LawThe Equal Employment Opportunity Commission (EEOC) is holding a public meeting this Wednesday, May 8, 2013, to discuss how wellness programs should be treated under various federal laws such as the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and other statutes enforced by the EEOC. The EEOC will hear from at … Continue reading EEOC to Explore Treatment of Wellness Programs Under Federal LawMay 2, 2013 |
Housing Complex Designed For, Occupied By, Those With Hearing Impairments Discriminates Against Those Without Hearing ImpairmentsA federally subsidized housing complex designed by a deaf architect, with such features as video phones, lights that flash when the phone or doorbell rings, and wiring that sends announcements to residents’ hearing aids, is being accused by the federal government of discrimination against those who are not deaf, according to a New York Times … Continue reading Housing Complex Designed For, Occupied By, Those With Hearing Impairments Discriminates Against Those Without Hearing ImpairmentsApril 29, 2013 |
“Hello It’s Me”: Calling an Employee on FMLA LeaveTo what extent may an employer contact an employee on FMLA leave about work-related matters before that contact becomes, in effect, a denial of FMLA leave? "Fielding occasional calls about one’s job while on leave is a professional courtesy that does not abrogate or interfere with the exercise of an employee’s FMLA rights," according to … Continue reading “Hello It’s Me”: Calling an Employee on FMLA LeaveApril 28, 2013 |
Lawful Use of Medical Marijuana Not a “Lawful Activity” in ColoradoA Colorado law prohibits employers from terminating an employee for “engaging in any lawful activity of the premises of the employer during nonworking hours…” Another Colorado law allows individuals to obtain a license to use medical marijuana. The Colorado Court of Appeals has held that licensed medical marijuana use is not a “lawful activity” under … Continue reading Lawful Use of Medical Marijuana Not a “Lawful Activity” in ColoradoApril 26, 2013 |
There Goes the Bride….Fired for FMLA DishonestyOn the day of her evening wedding, plaintiff called in and asked for a vacation day. When her request was denied, she said she would take an FMLA day instead. Since plaintiff had previously been approved for intermittent leave for migraine headaches, the employer approved her request. A few weeks later, the plaintiff gave the … Continue reading There Goes the Bride….Fired for FMLA DishonestyApril 7, 2013 |
A Mega Leave-and-Attendance Patchwork on its Way!If you look out toward the leave-and-attendance legislation horizon, and you might have to squint a bit but not much, you can see yet another patchwork beginning to take shape. This one is on paid sick days. Multi-state employers need to watch this carefully since it is certainly heading for full-fledged “patchwork” status which, when … Continue reading A Mega Leave-and-Attendance Patchwork on its Way!March 30, 2013 |
Indiana Legislature Puts Kibosh On Local Attendance and Leave LawsThe Indiana Legislature has passed a bill prohibiting local government units from requiring private sector employers to provide employees “an attendance or leave policy”… “that exceeds the requirements of federal or state law, rules, or regulations.” A sponsor of SB 213 said its goal was to prevent a “hodge-podge” of different employment benefits and laws … Continue reading Indiana Legislature Puts Kibosh On Local Attendance and Leave LawsMarch 27, 2013 |
Paid Sick Leave Laws: Truth in Consequences?Miles’ Law, named for Rufus Miles, a chief in the U.S. Bureau of the Budget in the 1940’s, states that “where you stand depends on where you sit.” That law certainly applies to paid sick leave legislation. Advocates tout that everyone will benefit, including businesses. For example, Portland, Oregon recently enacted an ordinance requiring sick time … Continue reading Paid Sick Leave Laws: Truth in Consequences?March 24, 2013 |
You Can Choose Your Health Care Providers…and You Are Bound by Their Medical Opinions“You can choose your friends but you [sure] can’t choose your family,” Harper Lee wrote in To Kill a Mockingbird. Add health care providers to those you can choose. But when you chose them, you are stuck with their medical opinions. Two plaintiffs learned this lesson when they tried to discredit the work restrictions their … Continue reading You Can Choose Your Health Care Providers…and You Are Bound by Their Medical OpinionsMarch 24, 2013 |
Still Waiting for ADA “Voluntary” Wellness Plan Guidance from EEOC; But Does it Really Matter?The EEOC passed yet again on the opportunity to provide guidance on the meaning of “voluntary” under the ADA as it applies to wellness plans. Guidance would be helpful because the ADA, the EEOC regulations, and the EEOC’s Interpretive and Enforcement Guidance permit employers to conduct voluntary medical examinations, including voluntary medical histories, as part of … Continue reading Still Waiting for ADA “Voluntary” Wellness Plan Guidance from EEOC; But Does it Really Matter?March 24, 2013 |
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