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Archive by tag: P.CReturn

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation requires the employer to...By: Miles & Stockbridge P.C.
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Miles & Stockbridge P.C. | Sep 19,2019 |

Inability to Work Unpredictable, Unscheduled Overtime Renders an Individual "Not Qualified" for ADA Purposes

The title may be in error: It is not a generally true statement in all circumstances. The plaintiff in the Eighth Circuit’s August 26, 2019, opinion in Tasha McNeil v. Union Pacific Railroad Co., No: 18-2333, provided her employer, Union Pacific,...By: Dickinson, Mackaman, Tyler & Hagen, P.C.
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With GOP still tearing at ACA, uninsured rate rises for first time in decade

The Grand Old Party may have just won the dictionary definition of a Pyrrhic Victory. That’s because Republicans’ decade-long assault on the Affordable Care Act his finally showing predictable results, with the share of Americans lacking health...By: Patrick Malone & Associates P.C. | DC Injury
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NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent decision in Cordúa...By: Franczek P.C.
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Franczek P.C. | Sep 18,2019 |

Access To Private Property: Labor Board Rules Girl Scout Cookies And Union Protesters Are Different

A nonemployee’s solicitation for charitable or civic causes on an employer’s property is not the equivalent of a nonemployee union representative’s engaging in a protest soliciting customers to boycott an employer or in union organizing on the...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 18,2019 |

Can You Be “Regarded As” Disabled Based On A Potential Future Disability?

This certainly sounds futuristic. (Pun intended.) Still, in a case just decided by the Eleventh Circuit Court of Appeals, EEOC v. STME, LLC, the EEOC espoused precisely this position. The EEOC sued STME for disability discrimination under the...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |

You Can’t Go Home Again: Employee’s Telework Accommodation Unreasonable, Seventh Circuit Rules

The Department of Housing and Urban Development (“HUD”) did not fail to accommodate a disabled lawyer by rejecting her request to work from home and offering alternative accommodations instead, the Seventh Circuit ruled in Yochim v. Carson, No....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |

California Worker Misclassification Bill Closer To Enactment

The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular business. Assembly Bill 5...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |

Top Five Labor Law Developments For August 2019

1.The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019). Velox engaged...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |

California Supreme Court Rejects Claim For Unpaid Wages Under PAGA

Putting an end to employees’ backdoor attempts to recover unpaid wages in Private Attorneys General Act-only actions under California Labor Code Section 558, the California Supreme Court has ruled against allowing such claims. ZB, N.A., et al. v....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 16,2019 |
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