Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot [...]

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon.
FMLA Complete Compliance

by  Susan Fahey Desmond
Well, here it is — the Health Care Reform and Control Act. Beginning January 1, 2014, every individual will be required to have “minimum essential coverage” through individual market, employer-provided or certain other coverage (e.g., Medicare or CHIP).  Also, beginning January 12, 2014, any employer who employed an average of 50 employees [...]

by Jonathan R. Mook
Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act [...]

What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations.
But for many employment law attorneys [...]

by Gary Jiles
Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law?
Americans with Disablities (ADA) Compliance Manual

Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how [...]

Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon.
To understand the reasons for the delay and how it may affect employers, we spoke with nationally [...]

by Jonathan C. Sterling
If an employee whose job involves talking on the phone and using a computer states under oath that he is unable to perform those tasks because of a disability, it’s logical to assume he can’t do his job. However, as a recent federal appellate court decision demonstrates, that may not always be [...]

by Brian Burbrink
According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability under [...]