Omnibus Expands Worker Protections

With yesterday’s passage of the Omnibus Funding Bill by the U.S. Senate, expanded worker protections and more funding for anti-business regulatory agencies is that much closer to reality. By a vote of 69 – 29, the Senate passed the $1.7 trillion legislation and sent it to the U.S House for their consideration – and likely…

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EEOC on Algorithm Employment

In the face of the proliferation of algorithmic decision-making in all facets of business, it was only a matter of time until the government got more involved in regulating or policing its use. Enter the Equal Employment Opportunity Commission (EEOC) with its first guidance on algorithmic decision making in employment and the discrimination that can…

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COVID as an ADA Disability

The Department of Justice along with Health and Human Services have issued an updated guidance relating questions of applicability of COVID-19 under the Americans with Disabilities Act (ADA). The guidance defines “long-COVID” which includes issues resulting from COVID exposure that last four or more weeks. In the wake of that guidance, the Equal Employment Opportunity…

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EEOC Updates ADA and COVID-19 Guidance

Last week, the Equal Employment Opportunity Commission (EEOC) issued a new guidance on the American with Disabilities Act (ADA) and the Rehabilitation Act, as both of them relate to the COVID-19 pandemic. It advises that it will continue to enforce anti-discrimination laws as they relate to reasonable accommodations about medical inquiries and encourages employers to…

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Miscellaneous

The historic election of 2016 may have captured most of the news over the past several weeks, but there have been other items of note that we want to be sure you were aware of.  McDonald’s seemed to be making news left & right over the past few weeks . . . first off, a…

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EEOC Rules on Wellness Programs

This was apparently a good week for issuance of final new regulatory rules from the federal government.  Aside from the DOL overtime rule (above), the Equal Employment Opportunity Commission also rendered its final rule this week specifying the extent to which employer-sponsored wellness plans can comply with the American with Disabilities Act and the Genetic…

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New Mexico Upholds Employee Firing for Marijuana

As more states authorize the use of marijuana for medical purposes, the body of law establishing parameters to govern its use becomes more important and far-reaching.  In a recent decision, the termination of an employee in New Mexico who legally used marijuana for a medical condition was upheld by the court.  Notwithstanding that the employee…

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Tale of Two Rulings

Employment law issues seem to be monopolizing the headlines of late and this past week was no exception, but one could call the series even in light of two decisions at the federal level.  On the one hand, the federal court upheld the termination of an employee for violating the company’s no-call/no show policy.  The…

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Employers Must Accommodate Transgender Employees

Right alongside EEOC, we have the Occupational Safety and Health Administration (OSHA).  Ostensibly charged with ensuring the safety of the nation’s workforce, OSHA responded to a request by the National Center for Transgender Equality by issuing a guidance advising employers that they must accommodate employees based on the gender with which the employee identifies.  Incredibly,…

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