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Health Condition Required ADA Accommodation

December 30, 2009
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Employers should consider engaging in the ADA interactive process for a range of employee illnesses and conditions, even for illnesses that appear to be in remission. Subsequent amendments to the ADA, which became effective January 1, 2009, provide that employees with medical conditions in remission may be covered by the act.
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Some of the Legal Pitfalls of Furloughs for Employers

November 19, 2009
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Employers need to be careful to avoid legal issues when conducting employee furloughs.
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Tread CarefullyFurloughs Useful for Cost Saving but Are Not Without Risks

November 19, 2009
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The complex legal landscape of employee furloughs has driven new work to law firms helping companies avoid violations of the Fair Labor Standards Act and other laws.
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Legal Questions and Answers on the Swine Flu Pandemic

November 19, 2009
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In reviewing their HR policies, employers must consider how federal and state laws affect pandemic preparedness. These laws include the National Labor Relations Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Americans with Disabilities Act, Title VII of the Civil Rights Acts of 1964 and 1991, and state workers’ compensation laws. Here are some frequently asked questions on general and legal aspects of the pandemic.
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Dodd, DeLauro to Offer Emergency H1N1 Sick Days Bill

November 10, 2009
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Dr. Anne Schuchat, an official at the Centers for Disease Control and Prevention, testified that the CDC advises people to stay home from work for three to five days if they come down with swine flu. The organization encourages employers to institute flexible leave policies ‘so it’s easy for your employees to do the right thing.’
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Defense Bill Extends Military Families’ FMLA Coverage

November 2, 2009
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President Barack Obama signs into law a Defense Department spending bill that further expands Family and Medical Leave Act coverage for families of employees in the military.
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Study Finds Almost Half of New York City’s Workers Lack Sick Leave

October 19, 2009
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About 1.9 million New Yorkers don’t get paid sick leave, according to a new study. More than 70 percent of low-income workers without paid sick leave reported working sick in the past year, while 30 percent sent a sick child to school because they couldn't take time off.
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Terminated Employee's 'Regarded As' Claim Weighed

October 16, 2009
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Employers must return to work employees who have been released by their doctors to work and who can perform essential job duties and responsibilities of their positions. Where requested or necessary, reasonable accommodations should be discussed with the employee.
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No Claim for Failure to Accommodate

June 26, 2009
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Employers are advised to engage in an interactive process with employees seeking job accommodation. The Americans with Disabilities Act does not require employers to accommodate employees by assigning other workers to take over the duties of a disabled employee.
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SHRM, Democrats Tangle Over Paid-Sick-Days Bill

June 11, 2009
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The HR organization’s China Miner Gorman warns that the legislation mandating paid sick days would foist new requirements on employers that could turn out to be as difficult and costly to administer as the Family and Medical Leave Act—whose 200 pages of regulations she held up at the hearing.
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