Taking the next step to implement the federal Americans with Disabilities Amendments Act of 2008 (“ADAAA”), the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited final regulations on March 24, 2011. However, it is widely believed that the ADAAA and the recently published regulations will not greatly impact employers in California who are already covered by the state’s Fair Employment and Housing Act.
Continue Reading LAW ALERT: EEOC Publishes New Regulations Governing Federal Disability Laws
March 2011
LAW ALERT: FMLA Leave Now Even More Complex – Ninth Circuit Places Burden on Employers When Denying an Employee Reinstatement
By Labor & Employment on
Posted in FMLA and Other Leaves of Absence
Reinstatement is nearly a universal right held by employees returning from leave under the Family and Medical Leave Act (FMLA). Courts have long held, with few exceptions, that employees returning from FMLA leave are entitled to reinstatement. In Sanders v. City of Newport (9th Cir. 08-35996), the Ninth Circuit reinforced this obligation by holding the burden is on the employer to justify why an employee cannot return from FMLA leave.
Continue Reading LAW ALERT: FMLA Leave Now Even More Complex – Ninth Circuit Places Burden on Employers When Denying an Employee Reinstatement