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Employment law counseling & training tip of the month

Proskauer Rose LLP
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USA
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January 28 2011

How can employers offer wellness programs to employees which include disease management and mandatory Health Risk Assessments or make requests for medical information needed to grant their employees leave under the Family and Medical Leave Act (FMLA) or accommodations under the Americans with Disabilities Act (ADA) without violating the Genetic Information Nondiscrimination Act of 2008 (GINA)?

Third Circuit holds that the ADA can obligate an employer to reasonably accommodate an employee’s disability-related difficulties in getting to work

Proskauer Rose LLP
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USA
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May 26 2010

In a recent ADA case, Colwell v. Rite Aid Corporation, No. 08-4675, 2010 U.S. App. LEXIS 7249 (3d Cir. Apr. 8, 2010), the U.S. Court of Appeals for the Third Circuit reversed summary judgment for the employer and held that employers may need to make reasonable shift changes, allowing an employee with a visual impairment to work the day shift only in order to accommodate the employee’s disability-related difficulties in getting to work

“Kin care” statute is inapplicable to uncapped sick leave policies

Proskauer Rose LLP
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USA
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March 8 2010

Plaintiffs in this case worked as service representatives for different Pacific Telesis companies, which are signatories to various collective bargaining agreements (“CBAs”

9th Circuit decision extends protection of the Rehabilitation Act to independent contractors, further exacerbates circuit split

Proskauer Rose LLP
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USA
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May 26 2010

The Ninth Circuit's decision in Fleming v

Health care reform: safe harbor for determining full-time employee status

Proskauer Rose LLP
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USA
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October 10 2012

New guidance has been issued on two requirements under the Patient Protection and Affordable Care Act (the "Act") that will become effective in 2014

Second Circuit holds that there is no individual liability for ADA retaliation claims

Proskauer Rose LLP
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USA
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May 26 2010

Resolving an issue of first impression for the circuit, the United States Court of Appeals for the Second Circuit recently held that there is no individual liability for retaliation claims brought under the Americans with Disabilities Act ("ADA"

OSHA issues interim final rule on PPACA whistleblower provision

Proskauer Rose LLP
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USA
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March 8 2013

On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower

FLSA suits in healthcare highlight payroll practice issues

Proskauer Rose LLP
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USA
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April 13 2010

A number of plaintiffs' law firms have set up websites devoted to hospital overtime and class action lawsuits, and at least one firm has sent personalized letters to employees of no less than 20 hospitals in the New York City area alone, asking for consent to file wage-hour actions on their behalf

NLRB to healthcare employers facing a strike: you can ask, but employees don't have to tell

Proskauer Rose LLP
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USA
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July 6 2011

In a 2-1 decision issued on June 30, 2011, the NLRB clarified the interplay of the statutory notice requirements of NLRA Section 8(g) with a health care employer’s right to poll individual employees’ intention to report to work during a strike and the employer's right to enforce neutral work rules requiring patient care employees to provide advance notice of absence. In Special Touch Home Care Services, Inc, 357 NLRB No 2 (2011).pdf, the Board

USDOL targets NYS healthcare industry for FLSA compliance

Proskauer Rose LLP
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USA
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March 12 2010

The United States Department of Labor ("USDOL") recently announced - as part of its new initiative to expose and remedy the misclassification of workers - that it is launching wage-hour investigations of employers in New York State's healthcare industry

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