Sid Steinberg

October 29, 2004 | Law.com

Everyone knows that an employee who is out of work for a qualifying condition is entitled to up to 12 weeks of leave under the Family and Medical Leave Act. Two recent decisions, however, focus on an element of that legislation which has received little attention, says attorney Sid Steinberg. Both cases, which come from district courts in the 7th Circuit, have held that the time in which an employee spends performing light duty work may also be counted against the 12-week FMLA leave.

By Sid Steinberg

6 minute read

August 11, 2005 | Law.com

Personality tests in the workplace have generally advanced, but at what point does a test administered to a job applicant before an offer is made become a "medical test," prohibited by the Americans with Disabilities Act? Sid Steinberg examines a 7th Circuit ruling that held that a company's use of a personality test violated the ADA on precisely those grounds.

By Sid Steinberg

5 minute read

March 10, 2005 | Law.com

As anyone who has worked with the Fair Labor Standards Act knows, the "devil is in the details." Employers and their counsel need to understand precisely how the Department of Labor applies its regulations in order to determine whether overtime is being correctly denied or paid. This is particularly so, says attorney Sid Steinberg, in light of FLSA revisions that took effect last summer. Addressing both old and new issues under the FLSA, the DOL recently issued its first opinion letters since the revisions.

By Sid Steinberg

6 minute read

June 09, 2010 | The Legal Intelligencer

In cases where one employee is accused of harassing a co-worker, a critical question is whether the employer "knew or reasonably should have known" about the behavior, so that it can be judged on whether "prompt and effective remedial action" was taken. It is self-evident that an employer cannot take action to stop harassment if it does not know that the behavior is occurring.

By Sid Steinberg

6 minute read

August 01, 2003 | Law.com

One of the few constants in the workplace is the prohibition against sleeping. Almost every employee handbook puts "sleeping on the job" near the top of "things that will get you fired." However, a recent 7th U.S. Circuit Court of Appeals decision practically puts a cot in every workplace, by finding that sleeping on the job may be effective notice that the employee needs a leave under the Family and Medical Leave Act.

By Sid Steinberg

6 minute read

July 14, 2010 | The Legal Intelligencer

Since the amendments to the Americans with Disabilities Act have consistently been held not to apply retroactively, cases under the pre-amendment ADA continue to work their way through the courts.

By Sid Steinberg

6 minute read

July 09, 2008 | Law.com

A woman who has had an abortion is protected from discrimination under the Pregnancy Discrimination Act, according to a recent decision by the Third U.S. Circuit Court of Appeals in Doe v. C.A.R.S. Protection Plus Inc. The ruling is the first time the court had addressed this issue specifically.

By Sid Steinberg

6 minute read

June 10, 2004 | Law.com

There's a saying in golf that you drive for show and putt for dough. Similarly, in employment litigation, liability gets the headlines, but damages pays the bills. Law on mitigation of damages is limited in the 3rd Circuit. As such, a recent 1st Circuit decision, when read in conjunction with 3rd Circuit law, provides guidance on a plaintiff's obligation to mitigate damages and an employer's defenses where mitigation is at issue.

By Sid Steinberg

6 minute read

October 04, 2002 | Law.com

Employers confronted with an employee's claim of discrimination are often advised to take the "Hippocratic" approach to dealing with the complaining employee: "Do no harm." Harassment claims, however, are different. An employer confronted with a claim of harassment, regardless of its basis, is required to make it stop. This will almost always require doing something.

By Sid Steinberg

6 minute read

November 09, 2005 | The Legal Intelligencer

A three-week Christmas vacation in Jamaica with a return to work guaranteed by the FMLA probably sounds pretty good to most people in the work force. A federal district court in Maryland recently held that an employee of the Maryland-National Capital Park and Planning Commission will get a trial on whether this arrangement will turn into reality.

By Sid Steinberg

7 minute read