The 11th Circuit Applies Young to Pregnancy Claims

By Carissa Davis The 11th Circuit Court’s recent decision in Durham v. Rural/Metro Corporation illustrates just how easy it is for a plaintiff to establish a claim under the Pregnancy Discrimination Act (PDA), despite the U.S. Supreme Court’s warning in Young v. UPS. In Young v. United Parcel Serv., Inc., 575 U.S. 206 (2015), the […]

As Economy Reopens, Colorado Paid Sick Leave Expands

By Brooke A. Colaizzi On the heels of Colorado Governor Jared Polis’ “Safer-At-Home,” Order designed to begin the opening of the Colorado economy, the Colorado Department of Labor and Employment amended the Colorado Health Emergency Leave With Pay (“HELP”) Rules to increase the paid sick leave available to employees in certain industries suffering or possibly […]

The EEOC Advises Employers on Back-to-Work Preparedness

By Carissa Davis The EEOC notes that to safeguard health and safety, and consistent with the ADA, employers are permitted to make some disability-related inquiries and/or conduct medical examinations in the face of a pandemic. The inquiries or exams must be consistent with business necessity, i.e. necessary to identify employees whose presence would pose a […]

Temporary Regulations Clarify FFCRA Mandates

By Carissa Davis On April 1, 2020, the Department of Labor (“DOL”) announced temporary regulations for Expanded Family and Medical Leave (“Expanded FMLA”) and Emergency Paid Sick Leave provided under the Families First Coronavirus Response Act (“FFCRA”).  The situation remains incredibly fluid with new guidance issued daily, but the temporary regulations appear to clarify some […]

NLRB Finalizes Improvements to Election Rules

By Patrick R. Scully and James S. Korte On March 31, 2020, the National Labor Relations Board (“NLRB” or “Board”) finalized amendments to its election rules, improving current processes in favor of greater employee choice. New Blocking Charge Policy:  Instead of delaying or canceling a representation election when a union files a “blocking” unfair labor practice charge, the […]