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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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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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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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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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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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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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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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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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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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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