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RECENT DEVELOPMENTS IN LABOR & EMPLOYMENT LAW
Coronavirus.
- FMLA; while COVID-19 shares flu-like symptoms, it may cause complications, hospitalization, incapacitation and even death. When is it a “serious health condition”?
- Is medical certification required? Can you request medical exams? Is a return to work Fitness-for-Duty certification allowed?
- Is Coronavirus a disability either actual or “regarded as”? Is it a “direct threat”? The EEOC’s position on previous SARS and H1N1 outbreaks. Obligations under OSHA?
- Reduction in hours and pay for non-exempt and exempt? What if an employee is in quarantine? Leaves to avoid exposure to a pandemic influenza?
The National Labor Relations Board.
What every employer union or non-union must know.
- Year 2020 hindsight reveals that the current NLRB has overhauled our labor laws.
- No more “ambush” election.
- Employer’s email rights restored.
- Reinstated termination of dues checkoff at CBA’s expiration and laws of independent contractors and joint employers; withdrawal of recognition is now easier; and unilateral changes.
Wage and Hour Claims.
- Understand class actions under the FLSA.
- Avoiding current “rounding” litigation.
- Review of the tricky terrain of wage and hour laws.
- The January 1, 2020 increase in supervisor salaries; classification and duties analysis.
Sexual Harassment; #metoo.
- What to investigate; when to investigate; and remedial actions; recent cases illustrating the way employers should and should not handle sexual harassment investigations.
- Effective training top down; culture of respect or annoyances; when and how often.
ADA.
- Understanding the “interactive process” examples of recent cases.
- What is a reasonable accommodation and when is it not reasonable? Employer defenses.
- Newest cases on definitions of “disability,” “qualified” and “essential job functions.”
FAMILY AND MEDICAL LEAVE ACT (FMLA)
Review Coronavirus.
When is the employee eligible for a leave under these laws? Navigating the maze of these laws in dealing with a pandemic under COVID-19.
Difference between Federal and Wisconsin Family and Medical Leave Acts.
Employee eligibility.
When does an employer interfere, restrain or deny employee rights under the FMLA? Recent case.
Leave entitlement, allocation, stacking and calculating leaves.
Employee and Employer notification requirements.
Review of Lutes v. United Trailers Inc., 7th Circuit decision February 13, 2020.
What is a serious health condition?
Entitlement to care for spouse, child or parent.
Managing certifications and recertification strategies to avoid abuses.
When you can or should authenticate and clarify the HCP certifications and intermittent leaves.
Managing chronic serious health conditions.
Return to work issues.
Do you use Fitness-for-Duty certifications?
Review of the "Big Three" FMLA, ADAAA and WC.
When FMLA ends, does the ADAAA become involved? Review Hart v. Prestress Services Industries LLC, (D.C. Ill.) March 7, 2020.