The Workplace Policy Institute has a comprehensive analysis of possible legislative and regulatory changes to employment law in the coming year. While the full article is certainly worth a read, here is a short summary of some of the most important points. Congress is unlikely to pass any major legislation…
Published right before Thanksgiving, the 2013 fall federal agency regulatory plans help to illustrate what proposed and final rules are on the agenda for the coming months. The regulatory plans and fall agendas highlight agency priorities and goals and give a preview of future developments in federal employment law. At…
Sometimes, a situation arises where an employee cannot return to work after FMLA leave expires. Although different lengths of leave have been considered appropriate under the ADA, usually indefinite leave has never been looked at as a reasonable accommodation. Recently, however, the New York Court of Appeals issued a ruling…
Particularly relevant for employers in this area, the Office of Federal Contract Compliance Programs (“OFCPP”) recently issued new rules that increase the affirmative action requirements of direct federal contractors and subcontractors. The rules require that contractors take affirmative steps to hire individuals with disabilities, along with including more stringent reporting…
In one of last week’s biggest cases, the New York Court of Appeals unanimously voted that under the NYC Human Rights Law indefinite leave for a disabled employee is not a per se unreasonable accommodation and that the employer instead must prove hardship. This holding, although foreseeable based on the…
With no big news this week (other than the never-ending shutdown), here are some interesting articles and links. With FY 2013 ending last month, the Employment Discrimination Report has a statistical look at how the EEOC managed its enforcement efforts during the past 12 months. True to predictions and the…
With the federal government shutdown the big news today, I thought it appropriate to include some information about how the shutdown will impact enforcement and litigation of employment law issues at the federal level. While many entitlement programs, such as Social Security and Medicare, will not be affected, a number…
First up this week, we have a look at how an obligation to provide FMLA leave may extend to a company’s successor in interest. In the case in question, an employee validly took FMLA leave. While he was on leave, his company was acquired by a nearly identical competitor. Rather…
Here are some links to interesting articles from this past week, along with a little commentary. First, the Ohio Employer’s Law Blog looks at developments from the continuing debate regarding how much access employers should have to employee’s social media sites and posts. The article is in reaction to a…
I hope everyone has had a safe and happy holiday season. Here are two links to some interesting employment law developments from the past couple of weeks, along with a little analysis. Check back for a year-in-review look at some of our blog posts tomorrow. We have previously looked at…