Not surprisingly, simple solutions to complex issues are often elusive. Yet on rare occasions, the solution is in plain sight. Doubtful? For employers struggling with the issue of a remote employee’s eligibility for job-protected leave under the federal Family and Medical Leave Act (FMLA), there is a very simple answer. And, unlike the analysis we discussed in our commentary about wage and hour issues for remote employees, the answer does not depend on the location of the remote employee.
Continue Reading Employer Compliance Guidance: Remote Worker Eligibility for FMLA Benefits

On March 18, 2022, the Department of Justice (“DOJ” or “Department”) published guidance on web accessibility and the Americans with Disabilities Act (“ADA”). The guidance addresses how state and local governments (covered by Title II of the ADA) and businesses that are open to the public (otherwise known as “places of public accommodation,” covered by Title III of the ADA) can ensure their websites are compliant with the ADA.
Continue Reading The DOJ’s “New” ADA Guidance on Website Accessibility: Much Ado About Nothing

In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing to work remotely, including changing jobs if necessary. Clearly with help from technology, working remotely is rapidly becoming the new normal for many employees. In response to employee preferences in a tight labor market, employers are pivoting to incorporate remote work into their business models. The pivot can morph into a legal hurdle, though when an employee’s remote work location is outside the state in which the employer is located (employer’s home state).
Continue Reading Employers with Out-of-State Employees: Method for Assessing Differences in Wage & Hour Obligations

Campaigns to legalize marijuana at the state and federal levels are blazing nationwide. These efforts are creating a hazy legal landscape for employees, particularly surrounding drug testing in states legalizing or even offering protections for off-the-job employee marijuana use.

Continue Reading Budding Marijuana Use by Employees Leaves Employers to Hash Out Sticky Testing Situations

On Tuesday, April 19, the American Bar Association’s Labor and Employment Law Section hosted the panel “Navigating the New Normal: Accommodations in the Pandemic Era.” The panel members were Alex Breland of CDK Global in Chicago, IL; Pamela Devi Chandran of the Washington State Nurses Association in Seattle, WA; and Jackie Gessner of Barnes & Thornburg LLP in Indianapolis, IN. Carolyn Wheeler of Katz, Marshall, & Banks LLP in Washington, DC served as moderator. Their consensus was that, although vaccines have (thankfully) lowered Covid-19 infection and death rates, workplace challenges related to Covid have not gone away. They have only changed.
Continue Reading COVID-19 Employment Accommodations: Three Tips for Adapting to Circumstances

Most individuals are familiar with online video games such as FIFA, Minecraft, Fortnite or maybe, Last of Us permitting players to play and communicate with others online while seated at their Xbox or PlayStation consoles. Augmented Realty (AR) games, such as Pokémon-GO, superimpose a digital setting into the players’ own real environment, incorporating virtual components into the real world and increasing the level of physical activity.

Continue Reading That’s So Meta – Workplace Harassment Issues in a Virtual World