The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an essential function of his position. David Hawkins was facilities supervisor for Schwan’s Home Service. His primary job duties were to […]
Under a new rule published yesterday by the Department of Labor (DOL), beginning March 27, 2015, same-sex couples will enjoy expanded Family and Medical Leave Act (FMLA) rights. The FMLA provides eligible employees with job-protected leave for a number of family and health-related situations, including: To care for a spouse suffering from a serious health […]
One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations Board – or NLRB, the federal agency that issues rulings regarding the NLRA – and simply ignore it. This attitude […]
What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in terminating an employee who didn’t follow company procedures or ask for an accommodation.
Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the need for reasonable accommodations under the Americans with Disabilities Act (ADA). The availability of a second opinion on a fitness-for-duty certification depends on which […]
A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability. The case was filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of Pamela Manning, alleging that her former employer, Kohl’s […]
Offering workers the opportunity to work from home has many benefits for both the employee and employer, but it can bring challenges as well. One challenge is handling trade secrets, which are defined as any information that gives some competitive advantage to a company, isn’t generally known, and can’t be obtained legitimately from an independent […]
Employers investigate all sorts of odd or disturbing claims. Knowing how to properly investigate these claims is critical. A recent case from the Tenth Circuit Court of Appeals put this on full display. Student teacher fired Carlos Bassatt was a student teacher at West High School in Denver, Colorado. One day a co-worker, Maria Iams, […]