Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

Jennifer Mora – March 30, 2016 It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1 That said, courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce. However, the line between having a protected…

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Employers May Not Deny FMLA Leave Requests Without Allowing an Opportunity to Cure a Deficient Medical Certification

By Gillian Cooper and Amanda Frankel October 5, 2015 On September 17, 2015, the New Jersey Appellate Division emphasized that an employer has “modest burdens” to not only advise employees of their rights under the Family and Medical Leave Act (“FMLA”), but also must advise employees of any deficiencies in medical certifications and provide an…

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Employment Law: Even a Selfie Can Be Protected by the NLRA

Why it matters A worker who violated her employer’s no cellphone use and disloyalty policies by taking selfies with coworkers that were posted online with a comment that she was “working like an [sic] slave” was terminated in violation of the National Labor Relations Act (NLRA), an administrative law judge recently determined. The Tinley Park…

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Can a Fragrance Allergy Lead to an ADA or FMLA Claim?

By Gina McAndrew – June 22, 2015 In a recent case, an employee alleged that she suffered from a fragrance allergy and “multiple chemical sensitivity” to fragrant chemicals, perfumes and scented lotions, which impacted her in several ways, including migraines, nausea and difficulty concentrating and focusing. After suffering for several years, she informed her employer of her sensitivity and…

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Staples to pay former Columbia, SC employee $275,000 for FMLA violation

FOR IMMEDIATE RELEASE Thursday, May 28, 2015 Staples, Inc. and Staples Contract and Commercial, Inc. Settle Allegations that it violated the Family Medical Leave Act for $275,000 COLUMBIA, South Carolina—-  United States Attorney Bill Nettles announced today that the United States Attorney’s Office for the District of South Carolina, working alongside the United States Department…

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Settlement Reminds Employers Probationary Periods Are Not Immune to the ADA

Many employers reserve the right to terminate a new employee at any time during a “probationary period” if they find a new hire is not suited for the job. All too often, this gives employers a false sense of security in the belief they can terminate an employee for any reason during that period. However,…

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