Management Update Newsletter

Volume 8, Issue 1

January 2019

Animal Accommodations Under Title I of the ADA

While Title III of the ADA requires service animals to be permitted in areas of public access, Title I, which pertains to employment, only requires employers to make "reasonable accommodations" for employees with disabilities. As such, an employee with a disability does not have an automatic right to have his or her service animal in the workplace. When confronted with an animal accommodation request, an employer should engage in the interactive process. Continue reading.

The Fair Credit Reporting Act Is Tricky

You may recall that in October, I issued an update regarding the issuance of the new FCRA "Summary of Consumer Rights" form. Well, the FCRA continues to be a source of confusion and risk. The Act contains a series of steps that one must follow, and the failure to do any of them can create liability. Continue reading.

If You Have the Authority to Hire and Fire, the DOL Might Play the Grinch This Christmas and Sue You Personally for FLSA Violations

If my season-appropriate title did not make you at least a little uneasy, then you aren't paying attention. I'll say it again: If you have the authority to hire and fire employees, you may have personal liability under the Fair Labor Standards Act. That means that you may be sued personally in addition to your employer and that a plaintiff may seize your personal stuff (bank accounts, stocks, vehicles, gold bullion that all HR professionals are known to hoard...). Continue reading.

Texas Judge Rules Obamacare (ACA) Invalid

The Plaintiffs originally filed suit against the government entities responsible for the ACA, including the United States, the Department of Health and Human Services, the Internal Revenue Service, and the corresponding officials. In response, 16 states and the District of Columbia intervened in the suit as defendants (the "State Defendants"). On December 17, 2018, in the wake of last week's ruling invalidating the ACA, the State Defendants requested the Court quickly to take measures that would maintain the ACA in place until all appeals are final. Continue Reading.