“DENYING ADDITIONAL LEAVE UNDER THE ADA”
When is a second request for indefinite leave required by the Americans With Disabilities Act (“ADA”)? What if the employee can perform most of the essential functions of the job while on indefinite leave, but can not provide a reasonable
Options After the H-1B Cap Has Been Reached
The current annual cap on the H-1B category is 65,000. On June 11, 2012, USCIS announced that the H-1B cap was reached. Therefore, H-1B cap-subject petitions were not accepted to fill the annual H-1B quota after that date.The H-1B visa can be
“MOONING THE BOSS AND PREMATURE PAPERWORK “
After his company was acquired, plaintiff was informed in April of 2005, that a friend and colleague had been terminated because he refused to accept a lower wage in his new position within the new company structure. In response to this action,
“ORDERING AN EMPLOYEE TO OBTAIN COUNSELING IN ORDER TO KEEP HIS/HER JOB”
Can an employer order a troubled employee to obtain psychological counseling as a condition for keeping his/her job? The Sixth Circuit Court of Appeals has answered that such a request requires compliance with the Americans With Disabilities Act
Confidentiality and Internal Investigations:
Attacks by NLRB and EEOC Employers conduct internal investigations for a variety of reasons. Sometimes it is an on-going internal audit to promote compliance. Other times the investigation is the response to a complaint, inventory shortages, rum
“How to Handle Possible January Budget Sequestration under WARN”
“How to Handle Possible January Budget Sequestration under WARN” On July 30, 2012, the U.S. Department of Labor (DOL) issued Training and Employment Guidance Letter No. 3-12, offering guidance on how federal contractors should comply wit
Unscheduled Breaks and Deviations from the Scope of Employment
As is well established in workers’ compensation law, in order for an injury to be compensable, it must have been sustained in the course and scope of the worker’s employment. However, there can sometimes be a very hazy line between activitie
EEOC Attacks TB Testing Program at Rehabilitation and Nursing Facility
A rehabilitation and nursing company refused to let an employee start working who tested positive on a preliminary Tuberculosis skin test. In its lawsuit, (EEOC v. Health Partners, Inc., Case No. 2:11-CV-12024), filed in U.S. District Court
Alabama: No Employee Texting or Email While Driving
Effective August 1, 2012, Alabama law now prohibits drivers from writing, sending or reading a text or email while operating a motor vehicle. First, second and third or subsequent offenses may lead to fines of $25, $50 and $75, respectively. T
Surface Transportation Assistance Act: Whistleblower Protection Final Rule issued by OSHA
OSHA issued its Final Rule implementing the whistleblower provisions of the Surface Transportation Assistance Act [STAA]. As a result of the 9/11 Commission Act Amendments, the whistleblower protections of the STAA were expanded to reach beyo