August, 2009

EEOC Suit Assails Rigid Medical Leave Policy

The refusal of United Parcel Service (UPS) to grant disabled employees an extension of a 12-month leave of absence as an accommodation for their disabilities is a violation of the Americans With Disabilities Act, the Equal Employment Opportunity Commission charged in a lawsuit filed in U.

Post-Shift Data Transmissions May Be Compensable Under FLSA, Appeals Court Holds

In a ruling that illustrates the risks of having hourly workers use electronic devices — potentially including personal digital assistants or smartphones — for work purposes after their shifts, a federal appeals court has ruled that a security technician may be entitled to pay for the five to 10 minutes that he spends each night uploading data about his day's work.

Health Insurance Premiums Up 119 Percent, Could Double by 2020

Add skyrocketing health insurance premiums to the list of reasons to why Congress is currently analyzing the need for health care reform. Family premiums for employer-sponsored health insurance increased 119 percent from 1999 to 2008 in the United States, according to a Commonwealth Fund study.

Judge Dismisses Smoker's Lawsuit Against Prospective Employer

A prospective employee's lawsuit challenging an employer's policy not to hire tobacco users was dismissed on July 23 by a U. S. District Court judge in Boston. The case is Rodrigues v. Scotts, 2009 WL 2245653 (D.

Employees May Not Waive Right to File Discrimination Charges in Exchange for Severance Package, Says EEOC

While employees may waiver their right to collect monetary damages as part of a severance package, they may not waiver their right to file a discrimination charge with the Equal Employment Opportunity Commission, according to the commission.

ADA Protects Individuals With HIV/AIDS Seeking Barber, Home Health Care Licenses

The Department of Justice has issued new guidance clarifying that the Americans With Disabilities Act protects individuals with HIV and AIDS in professions such as barbering, massage therapy and home health care assistance.

Wellness Programs Evolve as Old Risks Recede, New Risks Emerge

Many companies are redesigning successful wellness programs to keep pace with changing times. Some achieved initial results and are moving to second-tier goals, some are including spouses and others are eliminating large financial incentives.

10th Cir.: Special Ed Eligibility Does Not Imply Disability Under Section 504 or ADA

The receipt of an individualized education program under the Individuals With Disabilities Education Act does not mean that a student automatically has a disability under other federal laws, the 10th U.

"Common Sense" Response Urged for Businesses During Flu Season

Businesses should implement "common sense" measures to plan for and respond to the upcoming flu season, including the 2009 H1N1 (Swine) flu, a trio of U. S. government agencies announced on Aug.

Appeals Court Overturns Dismissal of FMLA Claim, Citing Timing of Termination

Because an employee was fired just one day after she told her boss that she was taking leave, and because her boss later told a prospective employer that the reason for her termination was "illness," the employee established that her firing was related to her taking Family and Medical Leave Act-protected leave, the 10th U.