1. The Fifth Circuit has reaffirmed that indefinite leave is not a reasonable accommodation for an employee’s disability. An employee requested extended medical leave beyond the Family and Medical Leave Act (FMLA) with the intent of retiring before the end of his leave. He was terminated upon making this request and filed suit under the Americans with Disabilities Act. The court held that, since the employee’s requested leave would not have allowed him to ever return to work, it was not a required reasonable accommodation. Marc Mandelman, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 65: Week of April 10th, 2017), an online series by Epstein Becker Green. youtu.be/6bvrSQuV1Tc

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. Rick Budd, former Vice President and HR Business Partner for Pearson, has some advice on top strategies for improving your performance review process.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 67: Week of April 10th, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=6bvrSQuV1Tc&feature=youtu.be

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    (1) Seventh Circuit Breaks Ground in Hivley v. Ivy Tech Community College
    Our top story: A groundbreaking ruling from the U.S. Court of Appeals for the Seventh Circuit finds that discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964 (Title VII). The court ruled 11-3 in favor of the plaintiff, who claimed that she was denied promotions and ultimately terminated because she is a lesbian. The majority held that her claim was “no different from the claims brought by women who were rejected for jobs in traditionally male workplaces” and that Title VII protections against “sex” discrimination extend to sexual orientation. This ruling comes just a few weeks after the Eleventh Circuit reached the opposite conclusion. With courts across the nation grappling with this issue, we could see the Supreme Court of the United States address the circuit split in the not-too-distant future.

    Click here for more: http://bit.ly/2oQMY9J

    (2) Indefinite Leave Not a Reasonable Accommodation

    The Fifth Circuit has reaffirmed that indefinite leave is not a reasonable accommodation for an employee’s disability. An employee requested extended medical leave beyond the Family and Medical Leave Act (FMLA) with the intent of retiring before the end of his leave. He was terminated upon making this request and filed suit under the Americans with Disabilities Act. The court held that, since the employee’s requested leave would not have allowed him to ever return to work, it was not a required reasonable accommodation. Marc Mandelman, from Epstein Becker Green, has more:

    “The case stands as a valuable reminder that while employers may have an obligation to provide extended medical leave beyond the 12 weeks of FMLA leave as a reasonable accommodation, that obligation is not without limits. The court reaffirmed that requests for indefinite leave are not reasonable accommodations under federal law. Nevertheless, employers must always evaluate requests for extended medical leave on a case-by-case basis to determine whether or not the leave really is indefinite or if the requested extension is reasonable under the circumstances.”

    (3) NLRB: No Reversal on Purple Communications

    The National Labor Relations Board (NLRB) has rejected the request of Purple Communications to discard the NLRB’s controversial 2014 decision. The Purple Communications ruling held that businesses must allow employees to use work email for activity protected by the National Labor Relations Act when they are not on duty in most circumstances. Acting Chairman Phil Miscimarra dissented in this 2-1 ruling, as he did in the initial decision. He argued that employers should be able to control their own information systems and that the NLRB should return to its earlier standard, where employers’ property rights took precedence.

    Click here for more: http://bit.ly/2o5BMpG

    (4) Tenth Circuit Allows Collective Action with 10,000 Opt-Ins

    A Colorado collective action against Chipotle with 10,000 potential opt-ins can move forward—that’s according to the Tenth Circuit. The
    restaurant chain argued that the district court ignored circuit precedent by presuming that the plaintiffs could join as a collective action so long as they were bringing the same claim against the same employer. But while the appeals court agreed that it
    had approved of a different standard in the past, it never precluded district courts from using another approach, as in this case. The Tenth Circuit permitted the case to go forward on a collective basis.

    Click here for more: http://bit.ly/2oJ6N5Y

    (5) Tip of the Week

    Rick Budd, former Vice President and HR Business Partner for Pearson, has some advice on top strategies for improving your performance review process.

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. Marc Schuback, former Senior Vice President, General Counsel, and Secretary of Aeropostale, has advice on best practices for documenting poor performance in the workplace.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 66: Week of April 3rd, 2017), an online series by Epstein Becker Green. youtube.com/watch?v=A7TsMgNszqM

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    (1) Supreme Court Limits Presidential Powers - http://bit.ly/2oiJjEj

    Our top story: A Supreme Court ruling confirms limits on presidential appointment powers. Lafe Solomon served as Acting General Counsel (GC) of the National Labor Relations Board (NLRB) under President Obama for three years, two of which occurred while Solomon’s nomination for a full term was pending in the Senate. The Supreme Court found that, under the Federal Vacancies Reform Act, Solomon could not serve as Acting GC while his nomination was pending. This ruling will restrict President Trump’s and future presidents’ power to temporarily appoint their preferred candidates to the approximately 1,200 positions that require Senate confirmation. Mark Trapp, from Epstein Becker Green, has more:

    "The court ruled 6-2, upholding a decision of the District of Columbia Circuit Court of Appeals that the Federal Vacancy Reform Act prohibited a person from serving as the acting head of a federal agency once the president nominated that same person to serve as the permanent head of that agency. Thus, in this case, President Obama exceeded his authority when he directed Lafe Solomon, a career NLRB attorney, to serve as the Acting General Counsel of that agency and subsequently nominated Mr. Solomon to fill that post permanently. As far as how narrow the decision is, it’s ... in the sense of a retroactive impact; it’s probably quite narrow."

    Click here for more: http://bit.ly/2nDvRb2

    (2) Trump Blocks Fair Pay and Safe Workplaces Rule - http://bit.ly/2oIaAwo

    The Fair Pay and Safe Workplaces rule is no more. Last Monday, President Trump signed a Congressional Review Act resolution from the House that rolls back the controversial Obama administration order. In October 2016, a federal judge blocked the government from enforcing most of the rule, including restrictions on arbitration agreements and the so-called “blacklisting” requirement. That provision would have required certain federal contractors to disclose labor law violations from the prior three years. But President Trump’s action scraps the rule entirely, including the requirement that contractors give workers detailed pay information each pay period.

    (3) DOL Secretary Pick Says Overtime Rule Should Match Inflation - http://bit.ly/2oI1PCj

    The president’s nominee to head the Department of Labor (DOL) says that the overtime rule could use an update. Alexander Acosta has indicated that, if confirmed for Labor Secretary, he would consider updating the salary thresholds for overtime pay to reflect inflation. During confirmation hearings, Acosta said he would first decide whether to continue the DOL’s appeal of the federal injunction on the overtime pay rule. He noted that it is unfortunate that the threshold has not been updated since 2004, but the $47,476 salary level that the Obama administration tried to implement would create “a stress on the system.”

    (4) Employers Can Require Disabled Employees to Compete for Vacant Positions - http://bit.ly/2nEVY1m

    Disabled employees who request reassignment as a reasonable accommodation can be required to compete for a vacant position. That’s according to a federal district court in Texas. The Equal Employment Opportunity Commission argued that a Dallas hospital could not require an employee to compete with nondisabled candidates for a vacant position when she requested reassignment after injury. The district court disagreed. The Fifth Circuit has never directly addressed this issue, but there is currently a split among the circuits.

    Click here for more: http://bit.ly/2nqMO81

    (5) Tip of the Week - http://bit.ly/2nrGD3u

    Marc Schuback, former Senior Vice President, General Counsel, and Secretary of Aeropostale, has advice on best practices for documenting poor performance in the workplace.

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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Employment Law This Week®

Epstein Becker Green PRO

Welcome to Employment Law This Week®, presented by Epstein Becker Green. This online video program – among the first of its kind in the legal industry – will deliver the most significant stories and developments in employment, labor, and workforce management…


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Welcome to Employment Law This Week®, presented by Epstein Becker Green. This online video program – among the first of its kind in the legal industry – will deliver the most significant stories and developments in employment, labor, and workforce management issues in about five minutes, each week.

Tune in each week for developments that may affect your business. Learn more at ebglaw.com/employment-law-this-week/

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