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What's Behind The Surge in Disability Claims?


I am pleased to post my most recent article for Fortune/CNN on the surge in ADA claims:  http://management.fortune.cnn.com/2013/03/06/disability-workers-united-states/

Thank you.

Jonathan

 

 
 
 
 

2012 Winter Webinar Series


 

 

Join us from the comfort of your office at one of our upcoming
Duane Morris Institute programs

All webinars have been approved for CLE credit in the following states:
CA, PA, NJ, NY and FL (pending)
Also approved for HRCI credit

 

 

For the latest on employment and immigration law developments,
please check out DMi's blogs.

 

 

Pricing: $65 (Standard) | $55.25 (Nonprofit)
Purchase three programs and get the fourth free.

 

 

For more information and to register, please click here.

 

 

Date

Webinar*

Instructor(s)

Time (Eastern)

W

January 18

Collective and Class Actions:
Employee Revolutions

Jonathan A. Segal

1:00 p.m. - 2:00 p.m.

TH

January 19

The Painful Pentagon:
FMLA, ADA, GINA, WC and STD

Linda B. Hollinshead

1:00 p.m. - 2:00 p.m.

T

January 24

Handbook Traps

Michael S. Cohen

1:00 p.m. - 2:00 p.m.

TH

January 26

California's 22 New Employment Laws

Jennifer A. Kearns

1:00 p.m. - 2:00 p.m.

W

February 1

One Toke over the Legal Line:
Medical Marijuana and the Workplace

Ralph R. Smith 3rd

1:00 p.m. - 2:00 p.m.

TH

February 2

Avoiding Workplace Discrimination: Sexual Orientation and Gender Identity

Marc J. Scheiner

1:00 p.m. - 2:00 p.m.

F

February 3

Florida Employment Law: The Not-So Sunny Side

Richard D. Tuschman

1:00 p.m. - 2:00 p.m.

T

February 7

Union-Free Strategies

Michael W. Casey III

1:00 p.m. - 2:00 p.m.

W

February 8

Leaves of Absence - Lessons Learned

Linda B. Hollinshead

1:00 p.m. - 2:00 p.m.

TH

February 9

Compensation and Governance Issues for
Employer Benefits and Incentive Plans

W. Michael Gradisek

1:00 p.m. - 2:00 p.m.

T

February 14

How Independent Are Your Contractors?

Kevin E. Vance and
Mark J. Beutler

1:00 p.m. - 2:00 p.m.

W

February 15

I-9 Self-Audits

Valentine A. Brown

1:00 p.m. - 2:00 p.m.

TH

February 16

Motivating Employees in a Tight Economy

Michael S. Cohen

1:00 p.m. - 2:00 p.m.

T

February 21

NLRB Rules for Non-Union Employers

James R. Redeker

1:00 p.m. - 2:00 p.m.

TH

February 23

Healthcare Providers: In the Cross Hairs

Jonathan A. Segal

1:00 p.m. - 2:00 p.m.

 

 

*For more information on course details, group discounts, payment options or financial assistance,
please contact Deborah Margulies
at dlmargulies@duanemorris.com.

 

 

www.duanemorrisinstitute.com

 

 
 
 
 

EEOC ATTACKS ATTENDANCE CONTROL POLICIES


As you know,  the EEOC has been attacking maximum leave provisions in leave of absence policies for quite some time.  According to the EEOC, maximum leave provisions violate the ADA. See http://blogs.duanemorrisinstitute.com/jsegal/date/201101

 

Now, the EEOC is going after attendance control policies. Please see summary of recent $20 million EEOC settlement with Verizon for allegedly not excluding absences covered by the ADA from its no fault attendance control policy. See  http://www.eeoc.gov/eeoc/newsroom/release/7-6-11a.cfm

 Employers need to take a look at their attendance control policies and consider adding a specific exclusion for absences covered by the ADA and then reviewing each absence to make sure none for which points are awarded is covered by ADA.

 

Employers who do not have a no-fault point system but rather have general policies on absenteeism also need to be careful to exclude any absences potentially covered by the  ADA before concluding absenteeism is excessive.   The employer may wish to document what absences it has considered—and which it did not—so that the employer can demonstrate to the EEOC or a court that it did not consider “protected” absences.

While this blog focuses on the ADA, employers must be careful not to consider absences covered by the FMLA or state leave laws as well.

  

This blog should not be construed as legal advice, as pertaining to specific factual situations or as pertaining to specific factual situations.

 

 

 

 
 
 
 
 

Jonathan Segal

Business Ally. Help clients achieve business goals and manage legal risks. Areas of focus include: gender equality; wage and hour compliance; social media; leadership training; union avoidance; performance management; and agreements

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© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.
The opinions expressed on this blog are those of the author and are not to be construed as legal advice.