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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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2026-09-09T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)LeaveFamily and Medical Leave Act (FMLA)Time offHuman ResourcesLeaveHR ManagementEnglishUSAAssociate Benefits & CompensationIndustry NewsIndustry NewsHR GeneralistFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAReasonable Accommodations
Employee’s leave protected by ADA
In October 2023, Stephen received a call from his doctor telling him that he tested positive for colon cancer. Stephen told his boss and HR that he needed to take 3 days off because of his cancer diagnosis, and he presented a medical note from his doctor.
His boss said to Stephen, “Are you f** kidding me? Your obligations are here.” HR reminded Stephen that the company is in “peak workload season.”
Four days after requesting leave, and on Stephen’s first day back to work, the employer fired him. Afterward, Stephen’s follow-up tests showed that he didn’t have colon cancer and that the test produced a false positive.
Stephen sued his former employer, arguing that the employer violated both the federal Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
The employer argued in court that, because Stephen didn’t actually have cancer, he didn’t have ADA job protections.
The court disagreed. It said that there was evidence that the employer regarded or perceived Stephen as being impaired by cancer. It didn’t matter whether the impairment limited or was perceived to limit a major life activity; it was enough that the perceived impairment would be expected to last longer than 6 months and wasn’t otherwise minor. Colon cancer is neither minor nor would an employer expect colon cancer to only last a few months.
The court considered that the employer fired Stephen only 4 days after he announced his medical issue. The employer claimed it had a legitimate reason for firing Stephen: He performed poorly at his job, and sales records supported that claim.
But a jury could find this as pretext for the termination. The supervisor’s and HR’s response to Stephen’s announcement didn’t help the employer’s argument.
The court did, however, rule in the employer’s favor, saying that it didn’t violate the FMLA. Stephen didn’t have a serious medical condition as defined under the FMLA because he didn’t actually have cancer, so his FMLA claims failed.
Lishego v. Tri Star Motors, Inc., Western District of Pennsylvania, No. 2:24-CV-1458, August 5, 2026.
Key to remember: The ADA protects employees even if they don’t have a disability when the employer thinks they’re impaired and takes a negative employment action because of it.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws and seeking advice when needed.
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NewsEnforcement and Audits - OSHANon-Point SourcesToxic Substances Control Act - EPASafety and Health Programs and TrainingToxic Subtances Control Act - EPATSCA ComplianceWater ProgramsWater QualityMonthly Roundup VideoMiningSafety and Health Programs and TrainingUSACWA ComplianceEnglishOSHA Emphasis ProgramsIndustry NewsWater PermittingSafety & HealthNew Source PerformanceGeneral Industry SafetySpecialized IndustriesEnvironmentalFocus AreaVideo
EHS Monthly Round Up - August 2026
In this August 2026 monthly roundup video, we'll review the most impactful environmental health and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental health and safety news. Let’s take a look at what happened over the past month.
Citing elevated injury and illness rates, OSHA relaunched a National Emphasis Program, or NEP, on Warehousing and Distribution Center Operations. Retail operations are no longer targeted by this NEP, as they were previously. Inspectors will focus on common hazards in warehousing and distribution such as powered industrial vehicle operations, materials handling and storage, and fire protection. The NEP also offers OSHA greater discretion in whether to expand an inspection.
OSHA state-plan enforcement continued to gain momentum in fiscal year 2025. In an upward trend, inspection numbers, violation counts, and penalty amounts all increased. The latest data stem from the Occupational Safety and Health Plan Association’s Grassroots Worker Protection report.
OSHA’s Safe+Sound Week was held August 10 through the 16. The event gave employers an opportunity to highlight their safety and health programs and bring attention to common workplace hazards.
The Mine Safety and Health Administration reopened the comment period for proposed changes to the approval criteria for its mine roof control and ventilation plans. The new deadline for comments is September 30.
Turning to environmental news, EPA extended the compliance dates of certain Workplace Chemical Protection Program requirements for perchloroethylene and carbon tetrachloride. The revised deadlines affect facilities subject to the TSCA PCE and CTC risk management rules finalized in 2024.
And finally, EPA published a proposed 2027 general stormwater permit for construction. It applies to construction activities in areas where EPA is the NPDES permitting authority, including Massachusetts, New Hampshire, New Mexico, and the District of Columbia. If finalized, the rule will replace the existing 2022 permit, which expires in early 2027.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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NewsDriver qualificationsMonthly Roundup VideoTransportationDriver qualification and hiringHazmatUSAEnglishHazmat Rulemaking proceduresIndustry NewsFleet SafetyTransportation SecurityTransportation SecurityMedical waivers and exemptions - Motor CarrierFleet OperationsFocus AreaVideo
Transportation Monthly Round Up - August 2026
In this August 2026 monthly round up video, we'll review the most impactful transportation and safety news.
In this August 2026 round up, we will provide an NR II update, discuss a new PHMSA rule, and speak about fraudulent activity in trucking.
New Hampshire has now implemented the NRII process. LA and AK are the final two states to comply with the FMCSA’s requirement for receiving med cards electronically and directly from a certified examiner. CDL drivers in these states must continue to submit their med card information directly to the state.
The FMCSA has a current exemption in place until October 11, 2026, which allows CDL holders and carriers to use a copy of a CDL driver’s DOT med card for up to 60 days to show proof of medical certification. This exemption was issued to allow the remaining states time to transition to the NRII process, as well as address issues with transfer delays in states that have already implemented the NRII process.
PHMSA finalized HM-268D, a rule that allows carriers and facility operators to maintain emergency response information electronically rather than carrying a paper copy.
Prior to HM-268D, emergency response information had to be available in hard-copy format. Under the final rule, starting September 3, 2026, emergency response information may be maintained electronically, including through mobile devices and apps. However, organizations remain responsible for ensuring that information is readily accessible when it is needed, especially during transportation incidents or emergency response situations.
FMCSA has issued multiple fraud alerts noting that scammers and third party marketers are sending emails that create urgency around authority issues (like revocations, missing filings, or compliance lapses) and then directing carriers to click links or pay for services.
FMCSA has clearly warned that official communications will come from a .gov email address, not private domains, and that look alike or third party domains are a common tactic used in fraudulent outreach.
Motor carriers should treat unsolicited MCS-150, DOT number, or operating authority messages with caution. Verify requests through official FMCSA channels before interacting with these messages in any way.
That’s it for this month’s round up. Stay safe, and thanks for watching.
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NewsVideoMonthly Roundup VideoFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHuman ResourcesHR ManagementEnglishAssociate Benefits & CompensationDiscriminationIndustry NewsDiscriminationWage and HourWage and HourPregnancy DiscriminationHours WorkedHR GeneralistFocus AreaAssociate RelationsDisabilities and ADADisabilities and ADAReasonable Accommodations
HR Monthly Round Up - August 2026
In this August 2026 roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest HR news. Let’s get started.
The U.S. Department of Labor issued an opinion letter on July 22 that addressed whether employers must pay employees for their time spent commuting in the middle of the workday. The DOL said employers don’t have to pay for this time since normal commute time isn’t considered hours worked.
However, employers must pay nonexempt employees for their time traveling between worksites during a workday. That would be considered paid time since they’re working on the employer’s behalf. This clarification letter from the DOL is helpful because hybrid work and split workdays have become more common in recent years.
In other news, the federal Menopausal Workers’ Fairness Act was introduced on July 14. If passed into law, the bill would expand workplace protections for employees experiencing menopause. The details are similar to the Pregnant Workers’ Fairness Act, which addresses pregnancy, but doesn’t specifically mention menopause.
While the menopause bill has little chance of becoming a federal law, it helps illustrate a growing trend at the state level. For example, Rhode Island was the first state to mandate workplace accommodations for menopause. And other states are considering similar measures.
In fact, on August 8, Illinois Gov. JB Pritzker signed the Menopause Equity and Care Act into law. This law, which takes effect on January 1, will require most Illinois employers to accommodate employees who are dealing with menopause-related conditions. Accommodations can include flexible scheduling, modified work hours, and temperature or climate-adjusted workplaces.
Circling back to the federal Pregnant Workers Fairness Act for a moment, the Equal Employment Opportunity Commission recently sued an automotive lighting manufacturer in Illinois because the employer failed to accommodate pregnant and nursing employees dating back to July 2023.
According to the August 5 press release about the lawsuit, the EEOC alleged the employer accommodated employees with lifting restrictions that stemmed from job-related injuries by assigning them to light duty work, but refused to do the same for its pregnant employees.
Employers should keep their eye on cases like this because there are potential changes to the Pregnant Workers Fairness Act coming down the road.
Specifically, the EEOC wants to change the interpretation of the words “pregnancy, childbirth, or related medical conditions.” When the agency published its 2026 regulatory agenda on July 6th, it indicated that it plans to publish a proposed rule in November that would revise the Pregnant Workers Fairness Act regulations. So, stay tuned in the coming months.
That’s all the HR news we have time for today. Thanks for watching. See you next month!
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2026-09-03T05:00:00Z
NewsDisabilities and ADAIn-Depth ArticleUSAHR ManagementEnglishReasonable AccommodationsIndustry NewsDiscriminationDiscriminationProtected classesHR GeneralistAssociate RelationsFocus AreaDisabilities and ADAHuman Resources
Look beyond employee accommodation ideas
Many employers have gone through the accommodation process: An employee tells their supervisor they need a particular workplace change because of a medical condition. This triggers the employer’s obligations under the federal Americans with Disabilities Act (ADA).
Next, the employer discusses the request and any proposed accommodation ideas with the employee as part of the ADA’s interactive process. If the employee asked for a particular accommodation (e.g., remote work), the employer would need to evaluate it, and then decide whether to approve or deny it.
Employers with this type of approach — focusing only on what the employee asked for — might want to reconsider it, and here’s why.
It doesn’t begin and end with the employee’s idea
Employers shouldn’t consider only the change/accommodation the employee requested. Employees (and their doctors) don’t have information about workplace limitations, potential solutions, how the work affects other tasks, or how the work fits into the overall big picture. The employer generally has this information.
Therefore, asking the employee to identify a reasonable accommodation makes little sense if the employee doesn’t have the perspective to identify a real solution.
Employers can help improve their ADA process with a few small changes.
- Focus on limitations. Instead of expecting or asking employees to identify an accommodation, ask employees to describe their limitations. If they have ideas about what might help, consider them, but don’t focus only on them. If an employee’s requested change works for all involved, put it in place. If it doesn’t work, however, employers are responsible for finding something that does.
- Don’t limit the search. Accommodations are often limited only by the imagination. Employers should look beyond the familiar options, such as modified schedules, leave, and equipment changes. Perhaps job restructuring, workplace policy modifications, and different ways of performing job functions can help.
- Ask for help. Employers looking for ideas can tap into resources like the Job Accommodation Network (JAN). Besides JAN, others, such as occupational therapists, workplace ergonomists, and vocational rehabilitation counselors, might be able to share some insights.
What if the employee doesn’t have any ideas?
In some situations, employees might tell their supervisor that they have a limitation, but not provide a potential solution. If so, employers still have a duty to investigate potential options based on the employee’s limitation in relation to the job’s essential functions. They do this by identifying the barriers in between and looking for a solution that breaks down or eliminates the barriers.
Employers aren’t required to provide the specific accommodation an employee requests. They must provide one that is effective. If multiple options are effective, employers get to choose which one to provide.
Key to remember: Under the ADA’s interactive process, employers shouldn’t focus only on an employee’s requested accommodation, but look for a real solution that works for both employee and employer.
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2026-09-03T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Playlist: Employee asks for time off because of a potential FMLA reason
Complying with the federal Family and Medical Leave Act (FMLA) has never been easy. If you’re unsure where to start when an employee puts you (the employer) on notice about needing leave, or worried about missing something important, you’re not alone. Between determining employee eligibility, getting notices out on time, obtaining a certification, and considering state leave laws, the process can feel overwhelming, especially when you’re trying to do it right the first time. The good news is you don’t have to piece it together on your own. The playlist below pulls together some of the most helpful Compliance Network resources to walk you through each step, so you can hire with confidence, stay compliant, and ensure you treat your employee appropriately.
- Start by making sure your company is covered by the law.
- Determine if the employee is eligible to take FMLA leave.
- Get the employee an eligibility/rights & responsibilities notice within 5 business days. You may include a certification form.
- Determine if the absence qualifies for FMLA protection.
- Get the employee a designation notice within 5 business days of obtaining enough information to make a designation determination.
This playlist brings together key Compliance Network resources to simplify the FMLA process from start to finish. For deeper guidance, consider exploring related topics such as Employee Notice, Policy Considerations, Intermittent Leave, Calculating Leave, Job Restoration, and Minimizing Abuse within Compliance Network.
A Compliance Network playlist is a curated collection of practical resources designed to help you quickly address a specific event, task, or compliance challenge. Each playlist brings relevant guidance together in one place so you can spend less time searching and more time taking action. Stay tuned — more practical, ready-to-use collections are coming soon.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.