A Pennsylvania federal court has held that deafness in one ear is not a disability under the ADA Amendments Act (ADAAA). In Mengel v. Reading Eagle Co. (E.D. Penn.), Christine Mengel, a copy editor and page designer at the Reading Eagle newspaper, filed a complaint alleging she was discriminated against […]
Labor & Employment Law Update
NLRB Facing Constitutional Conundrum
The National Labor Relations Board (the “Board”) has always been somewhat political. At full complement, the Board consists of fi ve members, nominated by the President and appointed to the Board with the “advice and consent” of the Senate. When the Board is interpreting the National Labor Relations Act (the […]
Nebraska Supreme Court Holds PTO Same as Vacation
The Nebraska Supreme Court, in a ruling on Friday, held that a Paid Time Off (PTO) plan which is indistinguishable from vacation leave in its drafting and application requires that PTO hours be paid out upon separation from employment under the Nebraska Wage Payment and Collection Act. Two former […]
State Specific Developments: March 2013
Iowa: A transgender Iowa City woman, born male and presenting as female, recently prevailed in the civil rights complaint she filed with the Iowa Civil Rights Commission after a sheriff’s deputy ordered her to leave a women’s restroom at the courthouse, according to the Iowa City Press-Citizen. A state administrative […]
New Guidelines on Preventative Care Benefits
The Departments of Labor, Health and Human Services, and Treasury recently issued guidance in the form of frequently asked questions (“FAQs”) that clarify and expand the rules regarding preventive care benefits that non-grandfathered group health plans must provide to a participant with no cost-sharing. Specifically, the new guidance addresses the […]