EEOC ISSUES ADAAA REGULATIONS

On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) published proposed regulations in the Federal Register to implement the equal employment provisions of the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act of 2008.  The EEOC also published questions and answers about the proposed regulations.

STATE AND LOCAL UPDATE

Anyone who has worked for or with a multi-state employer knows that one of the most difficult aspects of absence management is keeping up with changes in state and local laws.  This posting is an effort to provide some of the more recent information about changes in state and local leave laws.

IRS ALLOWS DEPOSITING UNUSED VACATION AND SICK LEAVE TO 401(k)s

In his weekly radio address on September 5, 2009, the President proposed a number of new initiatives to help families save for retirement.  One of them is to allow unused leave to be converted to 401(k) savings. 

Court of Appeals Finds Termination Unrelated to FMLA

An employer almost lost an FMLA case because it did not respond in a timely fashion.  Kevin Cracco sued Vitran Express (Vitran) for violating his rights under the FMLA.

Appeals Court Rules FMLA and EEOC Claims off Track, but Allows Race Claim

The Court of Appeals for the Fifth Circuit reversed a district court’s findings on a Title VII racial discrimination claim, but affirmed the district court’s summary judgment in favor of the defendant, Kansas City Southern Railway Co. (KCS), determining that there was no evidence to support the existence of any connection between the firing and use of FMLA, or filing of EEOC complaints. 

HHS & FTC Issue Final ARRA Security Breach Requirements Rules

On August 24 the Department of Health and Human Services (HHS) issued an interim final rule to implement the security breach notification requirements required by The American Recovery and Reinvestment Act of 2009 (ARRA, commonly known as the “Stimulus Package”).  On August 25 the Federal Trade Commission (FTC) followed by issuing its final rule on this subject.