labor lawAdivision of labor law center

Overtime for disabled workers is in the news again. Just last week the EEOC announced a settlement with United Airlines regarding overtime for employees on light duty under ADA, the Americans with Disabilities Act.

Now another case underscores the fact that employers must not discriminate in awarding overtime to disabled employees, even those on light duty.

The most recent case involves the U.S. Postal Service. Patricia Grana sued the postmaster general under the Rehabilitation Act, which prohibits federal employers and those receiving federal funds from discriminating against disabled workers. Grana challenged the policy of choosing employees on light duty last for overtime. Again, as in the United claim, Grana argued that such a policy had a disparate impact on disabled workers, who are more likely to be on light duty.

In Grana’s case, she was frequently on light duty due to a disability affecting one knee.

The U. S. Postal Service noted that this policy ended in 2004. However, Grana’s claim, which the court found valid, contended that the policy lasted until January 2006. Under the system introduced in January 2003, employees volunteered for overtime by putting their name on a list at (more…)

On November 17, 2008, the U.S. Department of Labor published final updates to regulations for the FMLA, or federal Family and Medical Leave Act.

The updated regulations will require every employer to display a new 2009 FMLA poster. Employers can preorder the new FMLA poster here. These updated FMLA regulations go into effect on January 17, 2009.

This is in addition to the new 2009 USERRA poster and EEOC poster required for all employers. Most employers should display the posters in Spanish, as well as English.

The new regulations concern three major areas: 

• Update the FMLA regulations to address a number of problems reported by employees and employers
•  Address some conflicts between the U.S. Department of Labor FMLA regulations and decisions by the courts
•  Provide guidelines and regulations for employers granting extended FMLA to military families as required under the required Military Leave Notice.  

 According to Victoria A. Lipnic, Assistant Secretary for the Employment Standards Administration, these changes have been carefully weighed.

“This common sense, balanced rule is the product of a two year-long transparent process involving about 20,000 public comments and reflects the careful consideration of the views of FMLA stakeholders,” said Victoria Lipnic.

For most employers, the new FMLA regulations address these issues: 

• Reporting absences
• Right of individuals to waive FMLA
• Employer liability
• Light duty
• Perfect attendance awards 

Under the new regulations, (more…)