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Ellison F. McCoyBlog Posts

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South Carolina Enacts Lactation Support Act

South Carolina Governor Henry McMaster signed into law the “South Carolina Lactation Support Act,” requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast milk. The Act went into effect on June 25, 2020, and, by July 25, 2020, the South Carolina Human Affairs Commission... Continue Reading
July 6, 2020

Employers Beware: SC Abolishes Common-Law Marriage

On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state.  The state will continue to recognize all common law marriages in effect before this date, but they will be subject to a higher standard of proof.  On and after July...… Continue Reading
July 29, 2019

The Essential Role of the Job Description

Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an employer to provide a reasonable accommodation that will allow an employee to perform the essential functions of the position that the employee holds or...… Continue Reading The post The Essential Role of the Job Description appeared first on Disability, Leave & Health Management Blog.
March 7, 2018

Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA Leave Request

Employees requesting, currently taking, or just returning from leave under the Family and Medical Leave Act (“FMLA”) can be terminated for legitimate reasons that are unrelated to their FMLA leave. This point is exemplified by Jennings v. Univ. of N.C., N.C. Ct. App., Case No. COA16-1031 (July 5, 2017), which was the subject of a...… Continue Reading The post Timing Is Everything: FMLA Claim Survives Summary Judgment Where Employer Began Auditing Employee’s Records The Day After FMLA Leave Request appeared first on Disability, Leave & Health Management Blog.
November 21, 2017

Evidence of Immigration Status Blocked by Courts

Could barring evidence in court of undocumented workers’ immigration status actually prevent employers from hiring illegal immigrants? It could, according to one Illinois district court judge. U.S. Magistrate Judge Sheila Finnegan has barred evidence regarding a plaintiff’s immigration status in a case involving a claim for unpaid wages under the Fair Labor Standards Act, ruling...… Continue Reading
July 25, 2017

That Stinks! EEOC Sues on Behalf of Employee Denied Relief from Workplace Smells

On July 12, 2017, the EEOC filed suit in the Middle District of North Carolina alleging that an employer violated the Americans with Disabilities Act (ADA) by refusing a request to telecommute from an employee with a sensitivity to workplace smells. In the lawsuit filed against Advanced Home Care, Inc., the EEOC claims that the...… Continue Reading The post That Stinks! EEOC Sues on Behalf of Employee Denied Relief from Workplace Smells appeared first on Disability, Leave & Health Management Blog.
July 13, 2017

Employers Beware: Intermittent FMLA Absences Not Subject to “Proof of Need”

On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of Florida Keys, Inc., Case No. 15-15716 (11th Circuit, Jan. 27, 217), the Court held that an employer’s request for “proof … Continue Reading The post Employers Beware: Intermittent FMLA Absences Not Subject to “Proof of Need” appeared first on Disability, Leave & Health Management Blog.
March 17, 2017

Is Federal Paid FMLA Any Closer to Reality?

On Tuesday, February 7, 2017, Sen. Kirsten Gillibrand (D-N.Y.) and Rep. Rosa DeLauro (D-Conn.) reintroduced the Family And Medical Insurance Leave (FAMILY) Act, which would create a national system of paid leave for employees. This is the third attempt in the last five years by these same legislators to create federal paid leave.  But, with … Continue Reading The post Is Federal Paid FMLA Any Closer to Reality? appeared first on Disability, Leave & Health Management Blog.
February 9, 2017

Is it a New Leave Year?

As the clock struck midnight on December 31, 2016, employees across the United States were celebrating. While most were celebrating the coming of the New Year (or perhaps, more likely, good riddance to 2016), some employees were celebrating because January 1, 2017, brings with it a new allotment of FMLA leave days.  If your employees … Continue Reading The post Is it a New Leave Year? appeared first on Disability, Leave & Health Management Blog.
January 10, 2017

Is Santa Claus a Key Employee?

At North Pole Enterprises, the company’s entire existence is dependent upon a single delivery on the night of December 24. On December 23, Santa Claus, the only licensed delivery driver at North Pole Enterprises, injures his back while loading packages in his “truck.”  Later that day, Mr. Claus contacts the Human Resources Department at North … Continue Reading The post Is Santa Claus a Key Employee? appeared first on Disability, Leave & Health Management Blog.
December 12, 2016

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