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Managing the Modern Workplace
V&E International Labor & Employment Resources

Holiday Hiring — Don’t Get a Lump of Coal from the DOL

As retailers begin to light up big Christmas trees, play merry carols, and otherwise prepare themselves for a busy and festive gift-giving season, they and other employers may onboard seasonal workers to help with the holiday rush. If you’re one of those employers, here are a few key reminders to stay on the U.S. Department of Labor’s “nice” list this season.

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Texas Enters the Fray: Is Your Uber Driver an Independent Contractor?

When Texas Governor Greg Abbott signed a new law regulating “Transportation Network Companies” this past Memorial Day, he was probably more interested in limiting the right of more liberal municipalities—such as Austin or Houston—to regulate ride-hailing companies than on the ongoing debate over the employment status of Uber and Lyft drivers.

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  • 20
  • April
  • 2017

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Don’t Be Afraid to Run Your Business in Considering ADA Accommodation Requests

Employers are often hesitant to deny a disabled employee accommodation, fearing that any denial may trigger liability. But a recent Eleventh Circuit case reminds us that, while employers must seriously consider accommodation requests and engage in a meaningful interactive process with the requester, companies don’t have to let such a request interrupt the ordinary conduct of their business.

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  • 21
  • February
  • 2017

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Avoiding Non-Compliance with the ADA for Emergency Response Personnel

An employee is not protected under the Americans with Disabilities Act (“ADA”) if he is unable to perform the essential functions of the employment position he holds. But what makes a particular job function “essential,” and can a job function be “essential” even if it is rarely performed? Last month, the Eleventh Circuit joined the Sixth and Eighth Circuits in holding that a job function that is rarely performed may still be considered “essential.” In Bagwell v. Morgan County Commission,1 the Court found that, although certain maintenance tasks were rarely required, a park groundskeeper was not qualified to do the job in part because she could not safely perform such tasks.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate