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Katharine C. WeberBlog Posts

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Truck Drivers’ Sleeper Berth Time Is Presumptively Not Compensable Under the FLSA, DOL Concludes

In a welcome reversal of its prior guidance, on July 22, 2019, the U.S. Department of Labor (DOL) concluded that if a truck driver, or driver’s assistant or helper, is completely relieved of duty and is provided with adequate sleeping facilities (including the truck’s sleeping berth), the individual is not “working while riding” and therefore...… Continue Reading
July 24, 2019

Kentucky Adopts Pregnant Workers Act

Last week Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent of...… Continue Reading The post Kentucky Adopts Pregnant Workers Act appeared first on Disability, Leave & Health Management Blog.
April 15, 2019

Toll Road Ahead: Fourth Circuit Rules Mixed-Fleet Interstate Truck Drivers May Be Entitled to Overtime Pay

Despite the overtime exemption provided by the Motor Carrier Act, interstate trucking employers who operate “mixed fleets” – those with vehicles both over and under 10,000 pounds – may owe overtime pay to drivers of the smaller vehicles, the Fourth Circuit Court of Appeals recently ruled.  Schilling v. Schmidt Baking Co., 2017 U.S. App. LEXIS...… Continue Reading
December 8, 2017

Weighty Issues: Obesity And The But-For Test Under The ADAAA

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the ADA was amended, there was some question about how the courts would treat obesity under the ADAAA, … Continue Reading The post Weighty Issues: Obesity And The But-For Test Under The ADAAA appeared first on Disability, Leave & Health Management Blog.
February 9, 2017

Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before … Continue Reading
January 6, 2017

Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before … Continue Reading The post Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws appeared first on Disability, Leave & Health Management Blog.
January 3, 2017

Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All

The most famous reindeer of all may be Rudolph, but St. Nick has the lock on being the most famous driver in the entire transportation industry. And with such an incredible safety record and history of on-time deliveries, would we ever think of Santa as being disabled under the ADAAA? It depends on who you … Continue Reading The post Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All appeared first on Disability, Leave & Health Management Blog.
December 12, 2016

Arizona and Washington Join The PSL Patchwork

On Election Day, voters in Arizona and Washington approved measures requiring employers in their respective states to provide paid sick leave and requiring employers to raise the minimum wage. They join the PSL states of California, Connecticut, Massachusetts, Oregon, and Vermont and an ever growing patchwork of cities and counties. The Arizona PSL entitles employees … Continue Reading The post Arizona and Washington Join The PSL Patchwork appeared first on Disability, Leave & Health Management Blog.
November 14, 2016

Complimentary Webinar October 20: It Pays to Be Sick – How To Comply With Executive Order 13706

The final regulations for Executive Order 13706 (“Paid Sick Leave for Workers on Federal Contracts”) were published September 30, 2016.  Under the Executive Order and final regulations, paid sick leave obligations will begin with new solicitations and contracts beginning January 1, 2017. Do you know if your organization is covered and if so, do you … Continue Reading The post Complimentary Webinar October 20: It Pays to Be Sick – How To Comply With Executive Order 13706 appeared first on Disability, Leave & Health Management Blog.
October 18, 2016

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