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Americans with Disabilities Act
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CDL Drivers and Prescription Medication
It’s okay for employees to take medication when properly prescribed by a licensed physician, right?  Yes.  But that doesn’t always mean they can still legally qualify to drive CMVs.  Florida employers should be aware that certain medications can disqualify a CDL driver.  And trust us on this …  the best time to find out that......
How to Handle an Employee Taking Prescription Narcotics (legally)
Many Americans are addicted to powerful narcotics to treat chronic pain.  According to HHS data, opioids were involved in 42,249 deaths in 2016, and opioid overdose deaths were five times higher in 2016 than in 1999.  In 2016, the prescribing rate had fallen to the lowest it had been in more than 10 years, but was......
What is a Fitness for Duty form?
Recently, a client called to ask about an employee who had complained about a back and shoulder injury.  The employee told his foreman that he did not feel that he was physically capable of performing his normal work duties as a construction laborer due to pain.  He asserted that it was a workers’ compensation case......
Wellness Program Lawsuit Settled, Employer Pays $100,000 and Changes Program
MINNEAPOLIS — On April 5, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it has resolved its lawsuit against Orion Energy Systems, a Wisconsin lighting company after it challenged its wellness program under the Americans with Disabilities Act (ADA).  The lawsuit also alleged that Orion Lighting retaliated against an ...
Deaf Employee and EEOC Sue Cheesecake Factory for Inadequate Training Accommodation
SEATTLE, Wash. – On December 20, 2016, restaurant giant The Cheesecake Factory, Inc., was sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly failing to provide an effective accommodation for a newly hired deaf employee – instead it fired him over attendance issues.  According to the EEOC’s lawsuit, The Chee...
Mental Disability Guidance Published by the EEOC
Washington DC –  On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the legal rights of employees with mental health disabilities – and employers need to review this guidance.  To recap, the Americans with Disabilities Act (ADA), is applicable to employers with 15 or more employees, ...
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