While many do not see substance abuse as a disability or a serious medical condition, employers should be aware that substance addictions may be covered under the FMLA or the ADA if an employee receives inpatient care or continuing treatment for the problem, or if their addiction substantially affects a major life activity. A recent [...]
Another Judge weighed in on the constitutionality of the Patient Protection and Affordable Care Act (PPACA). Finding the individual mandate unconstitutional, Judge Roger Vinson of the District Court in Florida invalidated the entire law and ordered the federal government cease implementation of PPACA’s provisions. The lawsuit in Florida was brought by twenty-six states, claiming the [...]
As seen in the January 31, 2011 Connecticut Law Tribune President Obama signed the Patient Protection and Affordable Care Act (PPACA) into law last March. Almost as soon as he put his pen down, challenges were filed. The challengers make two main arguments: 1) PPACA’s individual mandate is outside the scope of Congress’ power under [...]
Has the world gone mad? Is a 10-year old girl capable of sexual harassment and creating a hostile work environment so serious that a school employee had to stop performing his job duties? This employee thought so. Kevin Wilson, a male “para-professional” at a Maryland elementary school, claimed that a 10-year old female student sexually [...]
The myriad of anti-business legislation in New York continues. The new Wage Theft Prevention Act (WTPA), which takes effect in April, increases employers’ paperwork obligations and subjects them to greater damages under New York’s wage and hour laws. Under the new law, an employee can collect back wages plus an equal amount of liquidated damages [...]