1. Labor and Employment Update: Hot Topics Affecting Your Industry
Breanna H. Young
STARNES DAVIS FLORIE LLP
100 Brookwood Place, Seventh Floor
Birmingham, Alabama
(205)

2. Intersection of FMLA and ADA
EEOC targeting Charges related to the interplay between FMLA and ADA.
Must think in terms of both ADA and FMLA.
ADA can extend FMLA leave.
Indefinite leave is not a reasonable accommodation.
Review all medical certifications closely and request release-to-duty documentation.
Review FMLA policy language.

3. Intersection of FMLA and ADA
When an employee is qualified for and requests FMLA leave, do you still have to give it if you can offer reasonable accommodation instead?
Answer: YES.
If employee meets FMLA requirements, employee is entitled to up to 12 weeks, even if you could otherwise accommodate under ADA.
You can still offer accommodation as alternative leave (e.g. assistive device, temporary position, or reduced hours).
Employee agreement to alternative leave should be “voluntary and uncoerced.”

4. Intersection of FMLA and ADA
FMLA “Serious Health Condition” vs. ADA “Disability” – Are they the same?
Answer: NO.
An FMLA “serious health condition” is not necessarily an ADA “disability.”
EEOC Examples:
Routine Pregnancy (not an “impairment” under ADA).
Hernia or “routine” broken leg (where not “substantially limiting” under ADA).

5. Pregnancy Accommodation
Must be treated like a disability.
Light Duty Policies.

6. Fair Labor Standards Act Exemptions
2016 Rule increasing salary threshold is dead.
DOL is starting over.
Salary increase likely
Not imminent

7. Title VII Protections – LGBT Discrimination
EEOC Guidance
Prohibits discrimination based on gender identity or sexual orientation as type of sex discrimination.
Fact Sheets
Federal Courts
Split Decisions
11th Circuit says sexual orientation not protected
Likely heading to Supreme Court

8. Title VII Protections – Religious Accommodations
Religious Garb and Grooming
Beards
Headscarves
Workplace Safety, Security, or Health Concerns
Undue Hardship

9. NLRB and Union Activity
Change in Administration
Unfair Labor Practices Charges
Handbooks
Social Media

10. NLRB and Union Activity
RWDSU in Alabama
Change in Election Procedures
Why do employees want a union?
Failure to solve employee problems
Poor communication
Perceptions of unfair treatment
Broken promises
Lack of courtesy, respect, and recognition
Feelings of job insecurity
Not keeping pay and benefits competitive

11. NLRB and Union Activity
Good management practices
Make employees feel appreciated
Good communication
Open Door Policy
Be firm, but fair
Be prepared for union activity
Know early warning signs
Know how to communicate position against unions
Train supervisors

12. Conducting Investigations
Commit complaints to writing.
Report to Human Resources.
Decide who will investigate.
Review complaint, all applicable documentation, and your relevant policies.
Interview witnesses.
DO NOT FORGET TO INTERVIEW THE ACCUSED.
DOCUMENT! DOCUMENT! DOCUMENT!
Report findings in written report.
MAKE A CONCLUSION.
Take appropriate action in response.
No retaliation.

13. Starnes davis florie llp
Questions??
Breanna young
Starnes davis florie llp