Rescinding Reasonable Accommodation Might be Evidence of ADA Violation

A recent settlement reported by the EEOC suggests that employers should be careful when rescinding accommodations previously provided to disabled employees.  The EEOC’s case alleged that the employer failed to provide an alternate reasonable accommodation, refused to engage in the interactive process, and fired the employee in retaliation for requesting an alternate reasonable accommodation.  Of note… Continue reading Rescinding Reasonable Accommodation Might be Evidence of ADA Violation

Misclassification of Employees as Independent Contractors Can be Costly

 A recent press release from the Department of Labor contains a striking statistic: Since September 2011, when the Wage and Hour Division began entering into memorandums of understanding with states and announced a similar partnership with the Internal Revenue Service, the Division has collected $9.5 million in back wages for more than 11,400 workers where… Continue reading Misclassification of Employees as Independent Contractors Can be Costly

Reminder: Employers Must Challenge an EEOC Subpoena Right Away

The EEOC has very broad powers of investigation. Title VII provides that, in connection with an investigation of a charges, the EEOC “shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment… Continue reading Reminder: Employers Must Challenge an EEOC Subpoena Right Away

FMLA Fraud Established Via Employee Facebook Post

If you are “friends” with your co-workers on Facebook, a recent case from the Sixth Circuit Court of Appeals is a reminder to be careful about what you post. In Jaszzzczyszyn v. Advantage Health, the plaintiff employee was suffering from back pain as a result of a prior accident. Although the employee’s doctor certified her… Continue reading FMLA Fraud Established Via Employee Facebook Post