Uncategorized

Question:  I can only sleep two to four hours a night.  A doctor says I can work only eight hours a day as a result of this.  My employer says they’ll fire me if I don’t agree to work against doctor’s orders.  Can they do this? Answer:  One’s failure to sleep well can be a disability, and one who suffers insomnia may be protected from employment termination under the Americans with Disabilities Act (“ADA”).  The…

When a Registered Nurse’s supervisor called her a “drunk” and fired her, despite being aware of the nurse’s previous drug and alcohol addiction, the nurse brought a discriminatory discharge claim against the hospital pursuant to the Americans with Disabilities Act, as amended by the ADA Amendments Act of 2008 (the “Act”).  The Act prohibits an employer from discriminating against a qualified individual on the basis of that person’s disability.  The Act defines a “disability” not

Conventional wisdom says no, but recent legal decisions suggest that it may be possible if the settlement is in good faith.  (These decisions have analyzed the terms of the Fair Labor Standards Act (FLSA or Act) that prevent an employee from waiving rights under the Act.)  Traditionally, courts have held that, even if employer and employee want to settle an overtime claim for an agreed amount, the parties must still obtain approval of the settlement