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Employees with non-disclosed disabilities aren’t entitled to non-requested accommodations

August 6th, 2018

By Lisa Milam, J.D.
Two cases this week address the challenges employers face managing employees with disabilities when those employees don’t inform them of their disability, let alone seek an accommodation for it. The plaintiffs in both cases had hearing impairments of which the employer was unaware until they came to light after performance issues arose. [Read more...]

NLRB reconsidering Purple Communications employee email ruling

August 3rd, 2018

The National Labor Relations Board has issued an invitation for briefs on whether it should adhere to, modify, or overrule Purple Communications, Inc. (361 NLRB 1050 (2014)). There, the Board held that employees who have been given access to their employer’s email system for work-related purposes have a presumptive right to use that system, on [Read more...]

Despite CBA, en banc CA-9 lets flight attendant pursue state-law claim to use vacation time to cover medical leave

August 3rd, 2018

By Ronald Miller, J.D.
In an en banc decision, a divided Ninth Circuit held that the Railway Labor Act did not preempt an employee’s claim premised on a state-law right to reschedule vacation leave for family medical purposes when that right to vacation leave was covered by a collective bargaining agreement. Here, the appeals court found [Read more...]

New hearing, different ALJ required based on Appointments Clause challenge to MSHA penalty

August 3rd, 2018

By Joy P. Waltemath, J.D.
Although a road contractor that challenged the legality of a $2,940 civil penalty imposed by the Mine Safety and Health Administration (MSHA) argued that the agency did not have the power to issue the citations, and it also mentioned (but did not argue) that the administrative law judge (ALJ) who upheld [Read more...]

Salvation Army auditor with MS gets another chance to show failure to get her old job back was ADA, FMLA retaliation

August 2nd, 2018

By Joy P. Waltemath, J.D.
Reversing and remanding in part, the Eleventh Circuit credited pretext evidence that a decisionmaker who refused to hire an auditor back into her old position after her audit manager position was eliminated actually did so because she had multiple sclerosis, for which she had taken FMLA leave and requested accommodations, not [Read more...]