Employers must be mindful that the Americans with Disabilities Act (ADA) applies to a wide range of both physical and mental conditions, as a March 29 decision from a Washington federal court makes clear. The case is one of the first disability discrimination lawsuits taken to trial concerning bipolar disorder.
You are invited to attend St. Elizabeth Business Health Presents: “Employer Sponsored Onsite Clinics” on April 18, 2012 from 7:30 – 11:00 am at the Marquis Banquet and Conference Center in Wilder, KY.
In the recent case of Marmet Health Care Center, Inc. v. Brown, the United States Supreme Court issued a ruling on two consolidated cases involving negligence suits against nursing homes in West Virginia. The key issue in these cases was whether the Federal Arbitration Act (FAA) preempted a West Virginia state-law rule declaring invalid all pre-dispute arbitration agreements that apply to personal-injury or wrongful-death claims against nursing homes. While the West Virginia appellate court held that the FAA did not preempt this per se categorical rule, the U.S. Supreme Court found that the state court’s decision was incorrect.
On February 17, the U.S. Senate and the House of Representatives both voted to extend the 2% payroll tax cuts for the rest of 2012. This new legislation is “a bill to extend the payroll tax holiday, unemployment compensation, Medicare physician payment, provide for the consideration of the Keystone XL pipeline, and for other purposes.” Had lawmakers not reached this agreement, the payroll tax cuts would have expired on February 29. The bill will be forwarded to President Obama, who has indicated that he will sign it into law.
The ever-increasing use of social media by employees who comment and post on work-related topics continues to be a focal point for the National Labor Relations Board. In August 2011, the NLRB published a report that summarized recent cases involving social media issues, and, on January 24, the agency released another report with updates in this area of law. The latest report focuses on several issues including whether employer policies that limit employee social media use are overly broad and could reasonably be interpreted as restricting employee communications that are protected under the National Labor Relations Act.