labor lawAdivision of labor law center

Many employers struggle to understand the new EEOC definition of disability under the ADA, the Americans with Disabilities Act.

The ADAAA or ADA Amendments Act of 2008, significantly increases the number of employees who are considered disabled under the ADA. In fact, some estimates are that the ADAAA has tripled the number of “disabled” employees, simply by changing the definition of disabled.

In fact, according to SHRM, the Society for Human Resource Management, the majority of employees over the age of 50 may now be covered under ADA. That is because all that is required under the new regulations is that the individual have some deterioration in their body, and most individuals over 50 have such deterioration.

The new definition of disabled includes individuals (more…)

Every employer should take a few minutes to update his or her labor law posters.

The 2009 labor law posters involve a number of changes that affect virtually every employer.  The EEOC or Equal Employment Opportunity Commission has issued a new 2009 labor law poster that updates laws on what is considered a disability under the Americans with Disabilities Act, or ADA.

The USERRA (Uniformed Services Employment and Reemployment Rights Act) regulations have also been updated, requiring a new 2009 labor law poster.

A number of states will increase the minimum wage (more…)

Recent changes to Equal Employment Opportunity Commission or  EEOC regulations, which will go into effect on January 1, 2009, update the definition of a disability under the law. It’s vital for every employer to be aware of these changes.

Originally, the EEOC took a very broad view of the term “disability” under the ADA, or Americans with Disabilities Act of 1990. Since that time, a number of Supreme Court decisions have narrowed the definition of a disability considerably.

It’s important to understand the history of these regulations. In one of the most obvious cases, the Supreme Court ruled that an employee was considered not to have a disability if the employee, using a mitigating measure, (more…)

A number of employees, who were not disabled in 2008, will legally be considered disabled in 2009, without any change in their condition.

A new law signed by President Bush on September 25, 2008 includes major changes in employment law related to disabled employees. These changes, which are effective January 1, 2009, affect every employer who has an impaired worker, or may have one in the future.

The Americans with Disabilities Act (ADA) Amendments Act of 2008 changes the definition (more…)

The U.S. Equal Employment Opportunity Commission or EEOC recently  issued a comprehensive question-and-answer guide that clarifies performance and conduct issues under ADA, the Americans with Disabilities Act.

The document addressing a wide variety of problems, is available in its entirety at  www.eeoc.gov/facts/performance-conduct.html.

Under Title I of the Americans with Disabilities Act, and Section 501 of the Rehabilitation Act , employment discrimination against qualified individuals with disabilities is prohibited.

However, the ADA and Rehabilitation Act generally do not impinge (more…)