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By John Dorwin – <span class=”int-own-work” lang=”en”>Own work</span>, Public Domain, Link

In its recent COVID-19 Americans with Disabilities Act guidance, the U.S.  Equal Employment Opportunity Commission encouraged that employers be flexible in determining accommodations for employees during the pandemic. Some suggestions included temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment to permit an individual with a disability to perform the essential functions of the job safely.

One employer may be learning this lesson the hard way. Continue reading

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Image by Pexels from Pixabay

On Tuesday, a prescient reader emailed me to suggest a blog topic. He wondered what the labor and employment law implications would be if a bunch of athletes refused to play a scheduled game in protest of social/racial injustice.

And then, yesterday, the Milwaukee Bucks players boycotted their game against the Orlando Magic, spawning a wave of protests across the NBA and other professional sports. Continue reading

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Image by Gerd Altmann from Pixabay

Hopefully, you know by now that you should be tracking the time of non-exempt employees working remotely during this pandemic. If this is news to you, well…

But, have you figured out an excellent way to track hours that an employee works, even though s/he isn’t scheduled to work those hours? Continue reading

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Image Credit: https://www.publicdomainpictures.net License: CC0 Public Domain

I’ve said many times before on this blog that employees always have the right to freedom of speech — even on social media. But, words have consequences. And no law guarantees the right to continued employment.

But, there are limited exceptions to that rule. I’ll address one of them with you today. Continue reading

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Image by ErikaWittlieb from Pixabay

As employment lawyers, we counsel clients that there is no one-size-fits-all approach to requests for reasonable accommodation under the Americans with Disabilities Act. Indeed, they are very fact-specific. Although, there is one fundamental immutable truth; namely, a request for an indefinite leave of absence is never reasonable under the ADA.

Or so, I thought. Continue reading

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