News

Is an employee allowed to keep their vacation and then take FMLA, or does the employee need to take their hours of vacation first before FMLA?

A recent 11th Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which the employee declined.

States across the country are moving toward mandatory written violence prevention plans, regular risk assessments, employee training and anti-retaliation protections. Because the legal landscape is rapidly evolving, employers should review and update their workplace violence policies at least annually and confirm compliance with their state’s most current requirements.

Sometimes, the best thing to do when faced with a possible wrongful termination is rehire the employee. Doubling down and refusing to consider the fired employee for open positions she’s qualified to perform can add to the damages.

Eventually, the federal government shutdown will end, but bringing federal agencies back online will take time. That means employers will have to exercise patience as they look for guidance. Here’s how the reopening is expected to roll out and what it means for employers.

Effective Oct. 30, USCIS is no longer granting automatic extensions. That means your employees can no longer legally work unless they submitted their renewal requests by Oct. 30.

At least three federal laws provide time off for employees during and following pregnancy—good news for new mothers, bad news for the confusion it causes employers. A recent case highlights how complicated it can become.

Our employee has an intermittent FMLA certification that says they may miss work four times per month, one day per episode. The employee has called out on FMLA for the last 18 weeks, except for one. Can we move the employee to another department, with the same hours and pay, where there are more employees to make it easier to cover the absences?

A woman who worked as an Amazon driver has sued the Equal Employment Opportunity Commission. She says the agency has stopped investigating disparate-impact cases and, therefore, abrogated its responsibility to investigate all discrimination complaints.

The American Law Institute recently approved a change to recommended interpretations of tort law to include employer liability for sexual assaults. Its recommendations are widely used by judges when deciding whether an employer broke the law.