The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive process,” which simply means that employers and employees with disabilities who request accommodations work together to brainstorm accommodations. While it’s not a per se requirement, the law favors

Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago, Texas recently enacted a new law to protect healthcare employees from violence in the workplace. The

You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that “espouses, promotes, advances, inculcates, or compels” a certain set of beliefs regarding the treatment of individuals based on race

Remember last year when we repeatedly posted about the Pregnant Worker Fairness Act (PWFA) and the PUMP Act telling you that the EEOC was going to have pregnancy discrimination on its radar? Recent activity from the EEOC suggests we were right. Last week the EEOC issued two press releases about its lawsuits involving pregnancy

Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. Individual whistleblowers were responsible for a substantial percentage of 2023 suits, helping the government enforce FCA provisions against companies across all sectors. Of the more than $2.68 billion in settlements and judgments, over

If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry.

ADA Primer

The ADA protects a qualified individual with a disability who can perform the essential functions of his or her

As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be unlawful (like simply holding meetings with employees), the types of relief that the Board seeks (like compensatory damages

Texas has now joined states like California in creating statutory protections against workplace violence against healthcare workers. Senate Bill 240, now Chapter 331 of the Texas Health and Safety Code, requires healthcare facilities in Texas to address, prevent, and respond to incidents of workplace violence in the healthcare industry.

Quick Overview

  • Texas healthcare facilities

Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th Circuit opinion that reversed the district court’s ruling that a live-in employee was exempt.

Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating be the basis for a claim of pretext in an employment discrimination claim? The Seventh Circuit appears to say