Facing Addiction in the Workplace: The Surgeon General’s Spotlight
Latest from Employment Law Lookout
The Sixth Circuit Shows that Balancing ADA Obligations with Enforcement of Workplace Rules is Far From an Exercise in Futility
By Honore Hishamunda and Alex S. Drummond
Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth Circuit, however, highlighted how employers can get that balance right.
The Americans with Disabilities Act (ADA), among other things, requires employers to provide reasonable accommodations to employees qualified to perform the essential…
Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User
Workplace Hazards and Pregnancy – What’s an Employer to Do?
Washington State Releases Guide on Pregnancy Accommodations
By Megan P. Toth and Erin Dougherty Foley
Seyfarth Synopsis: The Washington State Office of the Attorney General has recently published a Guide outlining pregnant employees’ civil rights under the Washington “Healthy Starts Act,” a law which became effective July 23, 2017.
Under the Healthy Starts Act, employers with at least 15 employees in the state of Washington must provide certain accommodations to pregnant works, regardless of a disability, and the Act provides a…
Breakfast Briefing: Back to School, Back to Work! Latest Trends and Hot Issues with Hiring and Onboarding Employees
Future Enterprise – Workplace Safety Compliance Comes to the Forefront for Expanding Healthcare Industry
By James L. Curtis, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Health care workers face a range of safety issues, such as ergonomics, blood borne pathogens, and workplace violence. The federal Occupational Safety and Health Administration is refocusing its enforcement efforts to target…
Illinois Law Suddenly Requires Paid Nursing Breaks
By Condon McGlothlen and Colton D. Long
Seyfarth Synopsis: Since 2001, Illinois has required that employers provide unpaid nursing or lactation breaks for working mothers. Effective last week, at least some of those breaks must now be paid.
On August 21, 2018, Governor Rauner signed a bill amending the Illinois Nursing Mothers in the Workplace Act. The amendment took effect immediately, and requires that Illinois employers provide paid breaks to mothers who breastfeed or express…
Company and its Executives/Owners Charged With Criminally Violating Worker Safety and Environmental Laws That Led to Workers’ Deaths
By James L. Curtis, Kay R. Bonza, and Craig B. Simonsen
Seyfarth Synopsis: A railcar cleaning company and its executive officers were recently charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act (RCRA), and for submitting false documents to a federal agency.
Nebraska Railcar Cleaning Services LLC (NRCS) employees sent workers in to railcars to scrape and remove various commodities…
Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA
By Jade M. Gilstrap and Alex S. Drummond
Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide. In reversing the lower court’s decision in part, the two-member panel found triable issues of fact existed regarding whether forcing the plaintiff to work with pain, when that pain could have been alleviated by his requested accommodation, violated The…