Latest Employment News

NLRB’s Radical Revisions to Union Recognition and Election Procedures

Labor Day began in 1882 as a recommendation from the American Federation of Labor for “a general holiday for the laboring classes” in recognition of their contributions to our country. It has since transformed to include a “State of the Union(s)”…

This is going to be a bigger deal than I thought: A series of blog posts reflecting on the proposed Pregnant Workers Fairness Act regulations, Part 5 of 5

Takeaway 5: Left unchecked, the proposed PWFA regulations will turn the PWFA into an unpaid leave entitlement.The PWFA—the statute—appeared to be an extension or even a slight expansion of the ADA reasonable accommodations process to employees with pregnancy, childbirth, or…

This is going to be a bigger deal than I thought: A series of blog posts reflecting on the proposed Pregnant Workers Fairness Act regulations, Part 4 of 5

Takeaway 4: All roads lead to the employer bearing the burden of proving a denied accommodation was an undue hardship under the PWFA.I don’t think there are any statistics on it, but I’d wager that over half of the ADA…

This is going to be a bigger deal than I thought: A series of blog posts reflecting on the proposed Pregnant Workers Fairness Act regulations, Part 3 of 5

Takeaway 3: The proposed regulations disfavor employer requests for medical information.Citing the costs and availability of medical care generally, the Commission takes a stance in the proposed regulations that an employer is not entitled to require medical documentation except to…

This is going to be a bigger deal than I thought: A series of blog posts reflecting on the proposed Pregnant Workers Fairness Act regulations, Part 2 of 5

Takeaway 2: An employee who is unable to perform an essential function of the job for up to 40 weeks is still a qualified individual under the PWFA. Further, an employee who experiences multiple periods of inability to perform essential…

This is going to be a bigger deal than I thought: A series of blog posts reflecting on the proposed Pregnant Workers Fairness Act regulations, Part 1 of 5

Takeaway 1: There is no threshold for the severity of limitation the affected employee experiences before she is entitled to a reasonable accommodation.The statutory text of the PWFA specifically requires an employer to make reasonable accommodations for an employee’s known…