Tag Archives: ada

Texas employers who do not participate in workers’ compensation face heightened workplace liability risks as employees return from COVID-19 quarantine

Texas employers who have opted out of workers’ compensation coverage may face significantly increased workplace risks in the weeks and months ahead. All employers will face unique challenges due to the risk of workplace exposure to COVID-19. But, the potential liability from COVID-19 workplace illnesses is particularly problematic for Texas employers who have opted out … Continue Reading

Employer planning focus points for U.S. impacts of novel coronavirus (COVID-19)

As discussed in our client alert addressing the growing COVID-19 crisis, U.S. employers face a number of complicated legal issues as they prepare for the possibility that their workforces will be impacted by the current emergency. In support of that effort, employers should begin preparing to address the following issues. Before turning to those issues, … Continue Reading

Objective Basis Needed for Psychological Fitness for Duty Exam

In a case of first impression in New Jersey, the Appellate Division cautioned that employers may only require an employee to undergo a mental health fitness-for-duty examination in limited circumstances.  Relying heavily on the EEOC’s Enforcement Guidance, the Court held that such examinations are only permitted when an employer “has a reasonable belief, based on … Continue Reading
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