Ninth Circuit Holds Amazon Need Not Adjust Performance Standards As Accommodation For Customer Service Employee with Health Problems

By Loyd Willaford and Mathias Deeg

In Kelley v. Amazon.com, Inc., the U.S. Court of Appeals for the Ninth Circuit held that a disabled Amazon.com customer service associate could not bring a failure-to-accommodate claim because she could not perform the essential functions of her job even with reasonable accommodations

[Read more…]

Representing the Injured or Disabled Member Part 27: Other Issues under the FMLA

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 27: Other Issues under the FMLA 

This article is the 27th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit

[Read more…]

Representing the Injured or Disabled Member Part 26: FMLA Rights Concerning Return to Duty

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 26: FMLA Rights Concerning Return to Duty

This article is the 26th  in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them.  Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 25: Rights under the FMLA

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 25: Rights under the FMLA 

This article is the 25th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 24:  Leave Exhaustion as  Just Cause for Separation

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 24: Leave Exhaustion as  Just Cause for Separation

This article is the 24th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 23: Proof of the Basis for Separation in Arbitration

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 23: Proof of the Basis for Separation in Arbitration

This article is the 23rd in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 22: Arbitration of Mental Health and the Direct Threat to the Workplace

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 22: Arbitration of Mental Health and the Direct Threat to the Workplace

This article is the 22nd in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 21: Medical Separation Arbitrations

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 21: Medical Separation Arbitrations 

This article is the 21st in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Representing the Injured or Disabled Member Part 20: Disability Law and Alcohol Related Misconduct

By Jim Cline and Erica Shelley Nelson

Representing the Injured or Disabled Member

Part 20: Disability Law and Alcohol Related Misconduct

This article is the 20th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the several weeks and continuing for the next several weeks, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.

[Read more…]

Western Washington District Court Finds That Employers Do Not Violate FMLA by Requiring Notification of Leave in Addition to Medical Leave Request

By Loyd Willaford and Sarah Burke

In Shelton v. Boeing Co., a former Boeing employee brought a claim under the Washington Family Leave Act, alleging that Boeing could not require an employee to  to notify his manager in addition to requesting leave through a company hotline.  A U.S. District Court in Washington disagreed, and found that an employer is permitted under the WFLA and FMLA to maintain additional notification requirements on top of its medical leave requirements and granted summary judgment.

[Read more…]