Canada: The Continuing Evolution Of Workplace Disability Law: Two Provincial Courts At Odds On The Deductibility Of Disability Benefits From Severance Pay

Workplace disability poses many practical and legal challenges for employers. Employers must balance their own business interests with an employee’s right to be accommodated and treated fairly and with respect. For many employers, there is a great deal of uncertainty surrounding their right to terminate an employee on disability leave and the legal consequences that follow. Adding to the complexity of these issues are the 2014 British Columbia decision Morris v. ACL Services Ltd […]

By | March 3rd, 2015 ||

United States: Whether Florida Hospital Should Have Reassigned Disabled Nurse With A Cane Is A Jury Issue, Court Holds

A recent decision by a Florida federal court, Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., serves as a reminder to employers of the need to fully explore reasonable accommodations requested by disabled employees, including reassignment. In St. Joseph’s Hospital, the district court found that the Equal Employment Opportunity Commission (EEOC) might be able to demonstrate at trial that a hospital violated the Americans with Disabilities Act (ADA) by failing to consider a […]

By | March 3rd, 2015 ||

United States: Department Of Labor Seeks To Put New FLSA Regulations For Homecare Workers Back On Track

Last week marked a new battle in the war the U.S. Department of Labor (DOL) has waged against the homecare industry. Appealing two federal court rulings that invalidated new regulations extending minimum wage, overtime and travel time pay to thousands of domestic workers in the homecare industry, the DOL argued that a U.S. Supreme Court decision in 2007 effectively endorsed the DOL’s authority to change the FLSA regulations, that the homecare industry lacked standing […]

By | March 2nd, 2015 ||