Legal Update on Disability Laws Disability Management Employer Coalition Legal Update on Disability Laws John C. Garner, CEBS, CLU, CFCI, CMC October 5, 2016

Agenda Federal Developments Court Cases State and Local Leave Laws Questions as we go Agenda

Social Security Disability Insurance Fund DI Trust Fund Would Have Been Depleted in 2016 81% of Benefits Payable After Depletion Congress Let SSDI Trust Borrow Money to Maintain Benefits

Penalites Federal Government Increasing all Penalties to Reflect Inflation Willful Violation of FMLA Posting Requirements $163, up from $110 Violations of the ADA Posting Requirements $525, up from $210 Serious OSHA Violations $12,471, up from $7,000

EEOC Regulations on Wellness Plans Under ADA & GINA EEOC Regulations Apply to Wellness Programs that Make Medical Inquiries or Involve Medical Examinations Rules Similar to, but not Identical to HIPAA/ACA Regulations New Notice Requirements

FMLA Court Case Managers can be Held Individually Liable 2nd Circuit Graziadio v. Culinary Institute of America “Employer” is any Person who Acts, Directly or Indirectly, in the Interest of an Employer

ADA Settlement $8.6 Million Lowe’s Failed to Provide Reasonable Accommodation to Disabled Employees When Their Medical Leaves of Absence Exceeded 180-day (Subsequently, 240-day) Limit

ADA Court Case Obesity With no Underlying Condition not a Disability 8th Circuit Morriss v. BNSF Railway Company Applicant for Safety-Sensitive Position Denied Employment Based on BMI > 40 Applicant Described Health as “Good”

ADA Court Case Unreasonable to Keep a job Open Indefinitely 6th Circuit Aston v. Tapco Tapco Doesn’t Hold Positions Open > 26 Weeks Aston Unable to Perform Essential Functions

ADA Court Case Denial of Leave for Failure to Provide Medical Records D.C. Circuit Minter v. District of Columbia Minter Requested Reduced Schedule Employer Requested Medical Records Minter Fired After Failing to Provide Records

LTD Court Case Insurer’s Decision to Terminate Benefits Based on Own Occupation Definition not Well Reasoned 1st Circuit McDonough v. Aetna PCP Said OK to work Sedentary job 2 Specialists Said Totally Disabled

FMLA Court Case FMLA Doesn’t Protect Poor Performance 8th Circuit Burciaga v. Ravago Employee Took FMLA Twice w/no Problems Employee Needed More FMLA Employee Fired for Series of Mistakes

LTD Court Case Deadlines Can’t Fall on Weekends 9th Circuit Legras v. Aetna 180 Days to Appeal Denial Deadline on Saturday Claimant Appealed the next Monday

FMLA Court Case Employers Must Allow Advise Employees of Deficiencies and Provide Opportunity to fix Certifications 3rd Circuit Hansler v. Lehigh Valley Health Network Incomplete Medical Certification Employee Fired for Excessive Absences

State & Local Laws California Reminder—Time off to Vote New PDL Poster Employees can use Sick Leave to Care for a Child, Parent, Spouse or Domestic Partner Employees can Take Job-Protected Time off to Find, Enroll or Re-Enroll a Child in School or with a Child Care Provider

State & Local Laws California Step-Parents, Foster Parents and People who Stand in Loco Parentis can Take School Visitation Leave Law Regarding Validity of Meal Waiver Periods Clarified for Health Care Employees

State & Local Laws San Francisco Amended Paid Sick Leave Ordinance to Make it More Compatible with California’s law New Paid Sick Leave Laws Berkeley Los Angeles San Diego Santa Monica

State & Local Laws Increases in Paid Family Leave Benefits California San Francisco

Questions

Chief Compliance Officer John Garner, CEBS, CLU, CFCI, CMC Chief Compliance Officer Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 Phone: (626) 535-1446 Fax: (626) 585-5811 jgarner@boltonco.com www.boltonco.com Contact