Category
Americans with Disabilities Act
How do Employers Make a “Direct Threat” Determination
The Americans with Disabilities Act (ADA) is 30 years old and employers are familiar with its general requirement to provide reasonable accommodation to qualified individuals (applicants and employees) with a physical or mental impairment that substantially limits a major life activity. A reasonable accommodation is any change or adjustment to a jo...
Can Employers Require COVID-19 Vaccinations for Employees?
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance that allows for employer-mandated vaccines. According to the EEOC, employers may implement a mandatory vaccination policy because vaccines are not “medical examinations” under the Americans with Disabilities Act (ADA) – but a third-party administrator sho...
EEOC updates FAQs on Screening Employees for COVID-19 and Handling Medical Information
There was an update for employers from the Equal Employment Opportunity Commission (EEOC) on September 8. After public feedback, the EEOC updated several answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the COVID-19 pandemic. What was updated? FAQ A6 (COVID-19 testi...
Can Employers Require COVID Testing of Returning Employees?
As employers reopen businesses across Florida, many are wondering if they can require a negative COVID-19 test before an employee is allowed back to work. As background, there are 2 types of COVID-19 testing – a test to determine the presence of COVID-19 virus (viral test) – and a test to determine if an employee......
Coronavirus Guidance for Florida Employers
Due to the spread of Coronavirus, President Trump and Florida Governor Ron DeSantis have declared a state of emergency and are asking employers to monitor the situation and take action to help slow and stop the spread of COVID-19. The Centers for Disease Control and Prevention (CDC) has issued interim guidance to businesses and employers......
Have an Employee with a Contagious Disease? 4 Things to Know
If you have a small business, you already have a million things to lie awake worrying about. Get ready for another: infectious and contagious diseases are on the rise. It has been reported that the Florida Department of Health has confirmed over 1,100 Hepatitis A (HEP A) cases in 2019 so far. According to the......
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 ...
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