Employment Law Blog

An Employer's Guide to Intermittent FMLA Leave

Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >

Because of Winn-Dixie—New DOJ Guidance for Website Accessibility and ADA Compliance

When most employers and business owners think of their obligations under the Americans with Disabilities Act (ADA), they think of reasonable accommodations for employees and accessibility in their physical public spaces, such as automatic doors or Braille. A recent decision from a federal appellate court and recent guidance from the Department of Justice (DOJ), however, should cause business owners to also think about their accessibility in another kind of public space—the internet. More >

Employer Update: Keeping Up with COVID

Nearly two full years into the pandemic, employers are still struggling to keep up with ever-evolving guidance, requirements, and recommendations regarding the virus—and for good reason, as the advice for how to keep employees safe while staying in business has been constantly evolving.  As the Omicron variant creates even more problems, some employers are suffering now more than ever. We have rounded up crucial updates for employers so you can handle the ongoing impacts of the pandemic to the best of your ability. More >

OSHA Suspends Federal Vaccine Mandate

On November 5th, 2021, the Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (ETS) requiring all employers with 100 or more employees to implement policies requiring employees to either be vaccinated against the coronavirus or submit to weekly testing. More >

WEBINAR - Myths, Masks, and Mandates

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IMPORTANT EMPLOYMENT UPDATE: Federal Executive Orders Will Require Many Employers to Mandate Vaccines for Workforce

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

Since the first COVID-19 vaccine became available last December, employers have been asking themselves whether they should—or even could—require their employees to receive the shot. For many employers, this question has now been answered—by a pair of executive orders from President Biden. These orders will require nearly two thirds of the American workforce to be vaccinated in response to rising infection rates throughout the country. What does this mean for employers? More >

Can’t Keep Up? Current COVID Guidance for Employers

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

As the pandemic continues to march on, workplaces must march on too—but the beat of the drum seems to change constantly! Guidance for employers has become more difficult to follow with each passing day. If you feel like you can’t keep up, here’s a quick rundown of the current state of COVID recommendations and responsibilities for employers. More >

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  More >

WARNING: DOL Moves the Goalposts on FFCRA for Healthcare Providers

When the Families First Coronavirus Response Act (“FFCRA”) was passed, healthcare providers breathed a sigh of relief to see that an exception had been carved out for them regarding the mandatory leave provisions of the law. This exclusion permitted entities with less than 500 employees to exclude “health care providers” from mandatory leave provisions. The first rules to interpret this provision defined “health care providers” in such a manner that all employees of a healthcare provider that itself met the definition would also meet the exclusion. This interpretation is no more. More >

Alternate and Hybrid School Schedules Give Parents Stronger Rights to Leave Under New FFCRA Guidance

On September 11, 2020, the Department of Labor (“DOL”) issued new guidance clarifying portions of the Families First Coronavirus Response Act ("FFCRA"). In an important decision for working parents, the definition of “intermittent leave” was clarified to expressly exclude instances in which employees take FFCRA leave to care for their children whose schools are operating on alternate or hybrid-attendance schedules.  More >