Articles and Blogs

A recent federal court opinioncourt opinion highlights the need for employers to evaluate employee requests for reasonable accommodation on an individualized basis – even where, at first glance, an effective accommodation may not be readily apparent.  The ADA is, after all, intended to overcome employment decisions based on stereotypes. A Deaf Applicant Seeks a Lifeguard... READ MORE

The FMLA requires employers with 50 or more employees to grant up to 12 weeks of leave for, among other things, time off that is needed to care for an adult son or daughter over the age of 18 who is “incapable of self-care because of a disability.”  Ever since the Americans with Disabilities... READ MORE

Is Shared Lifting a “Reasonable” Accommodation? Employees who suffer from a bad back and have lifting restrictions always present a challenge to employers who attempt to accommodate those restrictions.  It’s discrimination under the ADA if the employer fails to make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a... READ MORE

The NLRB Overrules 50 Years of Precedent Last month, the current NLRB once again left the labor relations world with its mouth agape when it decided that Dues Checkoff provisions will now survive the expiration of a collective bargaining agreement (“CBA”).  Nearly all CBAs have a provision that requires management to withhold from employee... READ MORE

NLRB Judge Rules That Clauses That Are Too Broad Are Illegal As we have seen in the recent months, the NLRB has been very focused on the rights of employees – union and non-union – to talk about their wages, hours and working conditions whether face-to-face or on Facebook.  A decision by an NLRB administrative law... READ MORE

Michigan Governor Signs “Internet Privacy Protection Act.” The Basics of the New Michigan Law On December 28, 2012, Governor Rick Snyder of Michigan signed into law the Internet Privacy Protection Act.  In general, the law, which takes effect immediately, prohibits an employer from requesting that an employee or applicant disclose or provide access to... READ MORE

Michigan Joins Indiana in “Right-to-Work” In less than twelve months, two Midwestern states long known for their unionized workforces have passed legislation that prevents agreements requiring union membership and the payment of union dues as a condition of employment.  First, on February 1, 2012, Governor Mitch Daniels signed Indiana’s “Right-to-Work” bill into law to... READ MORE

Background Checks and Notice Forms The Fair Credit Reporting Act (“FCRA”) imposes numerous notice obligations on employers who use third-party companies to conduct background checks on their employees and job applicants.  Among other requirements, all job applicants must be informed explicitly: 1) that a background check will be conducted on them; 2) given the opportunity... READ MORE

Complain, Complain, Complain… Two African-American nurses for some time had complained about working conditions, race discrimination and unfair treatment at their hospital.  They filed a petition with Human Resources that alleged Filipino nurses were treated better than the African-American nurses.  It was investigated but could not be corroborated.  They complained that other nurses were... READ MORE

Did Daughter Really “Need to Care for” Mom in Las Vegas? A jury is going to decide the winner of this game.  Recently a district court in Illinois denied an employer’s motion for summary judgment when it fired an employee who traveled with her mother to Las Vegas in order to “care for” her terminally ill... READ MORE