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FEATURED NEWS
2025-10-21T05:00:00Z
NewsDisabilities and ADAFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishHuman ResourcesWorkers CompensationIndustry NewsHR GeneralistWorkers' CompensationWorkers' CompensationMedical ExaminationsFocus AreaDisabilities and ADAUSA
FMLA, ADA, light duty, and certification, oh my!
Employment laws don’t exist in a vacuum, and multiple laws can apply to a given situation. So, how does the federal Family and Medical Leave Act (FMLA) relate to the Americans with Disability Act (ADA) regarding light-duty accommodation and medical certifications?
Under the FMLA, eligible employees are entitled to take job-protected leave for qualifying reasons. Under the ADA, employers must provide a reasonable accommodation (workplace change) to an applicant’s or employee’s known disability.
Providing light duty, for example, could be seen as a reasonable accommodation. If an employee is working, even a light-duty job, they aren’t on FMLA leave.
Employers may not, however, require employees to accept a light-duty position instead of taking FMLA leave. Eligible employees are entitled to FMLA leave for a qualifying reason, and they can’t waive their rights.
If Joe Employee, for example, has an FMLA serious health condition that makes him unable to perform one or more of his job duties, he has the right to take up to 12 weeks of FMLA leave. Even if Joe could perform some of his job duties, and the employer would like to put him on light duty, the employer may not require Joe to accept the light duty instead of taking leave.
If Joe’s condition is also a disability, the employer must comply with the requirements of both laws. This means they must give Joe the most beneficial rights and protection under the laws.
If Joe used up all 12 weeks of FMLA leave, the employer would then follow the ADA’s requirements if Joe couldn’t work. Since leave can be a reasonable accommodation under the ADA, employees might get more than 12 weeks off for their own condition.
If Joe had a work-related condition (e.g., injured on the job), he could choose to remain on FMLA leave rather than accept a light-duty assignment under workers’ compensation. He would, however, likely lose his workers’ compensation benefits.
Certifications
The FMLA allows employers to ask for a certification supporting an employee’s need for leave. In general, certifications give employers the necessary information to verify that an employee (or family member) has a serious health condition and when to expect the employee to be absent. Employers may not require that a certification include a diagnosis.
If a workers’ compensation document gives enough information for an employer to determine whether the employee has an FMLA serious health condition and how much leave is involved, employers shouldn’t ask for a separate FMLA certification.
Under the ADA, employers may also ask for reasonable medical documentation to support the need for accommodation. If the FMLA certification does this, employers shouldn’t ask for additional documentation.
Employers must keep employee (and applicant) medical information confidential, including FMLA certifications.
Key to remember: When it comes to employee leave, employers need to look at all the laws that apply to a particular situation and act in a way that gives employees the greatest benefits and rights.
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RECENT INDUSTRY HIGHLIGHTS
2025-10-21T05:00:00Z
NewsOffice of the Law Revision Counsel (LRC), HouseOccupational Safety and Health Administration (OSHA), DOLIn-Depth ArticleEnglishIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyExtreme Temperature PreparationHeat and Cold ExposureCold StressFocus AreaUSA
Cold weather prep: Using hydration as a hidden safety tool
If you think hydration is only important in the hot summer months, you may want to think again! As temperatures drop, workers across industries—from construction to utilities to emergency response—gear up for the challenges of cold weather. While layering up and protecting against frostbite are always top priorities, one critical aspect of cold-weather safety that often gets overlooked is hydration.
Cold weather doesn’t mean you’re not losing water
It’s easy to associate dehydration with hot, sweaty summer days, but cold weather can be just as dehydrating. In low temperatures, the body’s thirst response is lowered, meaning you may not feel thirsty even when you're losing fluids. By the time you feel thirsty, you may already be mildly dehydrated.
Your body still loses fluids through perspiration—especially when wearing heavy gear or performing strenuous work. Combined with moisture that may be lost through respiration (like when you see your breath in the cold air), and you’ve got a recipe for dehydration.
Hydration matters in cold conditions
Hydration matters in the comfort, safety, and performance of workers. Dehydration can increase fatigue and reduce mental clarity leading to slips, falls, or incidents behind the wheel.. Here’s why hydration matters, even in the cold:
- Maintains core temperature: Water helps regulate body temperature. Dehydration can impair your ability to stay warm, increasing the risk of hypothermia.
- Supports circulation: Proper hydration keeps blood flowing efficiently, which is crucial for keeping extremities warm and preventing frostbite.
- Boosts energy and focus: Dehydrated workers may experience fatigue, dizziness, and reduced concentration—hazardous conditions in any work environment.
- Improves physical performance: Cold weather already stiffens muscles and joints. Dehydration compounds this, making movement more difficult and increasing injury risk.
Integrating hydration into your cold weather safety plan
OSHA may not have a regulation specific to cold weather safety; however, employers still must provide a workplace free of recognized hazards, including cold stress. Besides, it’s the right thing to do!
Hydration strategies to include in your winter preparedness initiatives should be:
- Providing warm, hydrating beverages (hot water, tea, broth) on-site;
- Educating workers on cold-weather dehydration risks, such as not drinking enough fluids or drinking caffeinated beverages;
- Ensuring access to clean, unfrozen water sources;
- Adjust work schedules to warmer parts of the day;
- Encouraging regular hydration breaks, especially during physically demanding tasks.
Key to remember: While thermal gear and wind protection are essential, don’t underestimate the power of hydration as part of your cold weather work preparation.
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2025-10-21T05:00:00Z
NewsIndustry NewsIndustry NewsEnforcement and Audits - OSHASafety and Health Programs and TrainingEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetySafety and Health Programs and TrainingEnglishFocus AreaUSA
Keeling to head OSHA after Senate confirmation
On October 7, the U.S. Senate confirmed David Keeling as OSHA’s new Assistant Secretary of Labor.
During his confirmation hearing, Keeling stated that “nothing is more beneficial than collaboration between employers and employees” and shared his three main goals for the agency. They include:
- Modernization in regulatory oversight and rulemaking by moving beyond simple regulatory compliance and post-injury response, to injury prevention through informed design. This involves taking advantage of existing global industry consensus standards which have gone through much more rigorous review, regular updating, and continuous improvement.
- Expanding OSHA’s cooperation and collaboration efforts between professional groups, companies, and unions to achieve a common goal – employee safety. This also includes modernizing and updating OSHA’s Voluntary Protection Programs.
- Transforming OSHA’s Enforcement by using existing data to greatly enhance on-site safety efforts through predictive analytics. Other enforcement measures include engaging at-risk employers and employees through proactive risk mitigation and reduction programs before a worksite tragedy has taken place or fatality has occurred.
In collaboration with the Senate and other stakeholders, Assistant Secretary Keeling hopes to achieve these goals and ensure that all workers arrive home safely at the end of each day.
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2025-10-21T05:00:00Z
NewsIndustry NewsLimited quantity exceptions - HazmatHazmat SafetyHazmatIn-Depth ArticleFocus AreaEnglishTransportationUSA
Limited quantity doesn’t mean limited responsibility
When you hear the term “limited quantity,” it might sound like a way to sidestep the rules, however that’s not the case. Materials shipped under the limited quantity exception are still considered hazmat. They’re just excepted from some of the requirements in the hazardous materials regulations (HMR), especially when transported by ground.
So, what’s different? For starters, limited quantity shipments don’t require hazmat labels, placards, or shipping papers when shipping by highway or rail. That’s a big relief for shippers and carriers who deal with small amounts of hazmat and don’t want to be burdened with all the extra hazmat requirements.
However, and this is important, they’re not exempt from everything.
What's still required?
Even though limited quantity shipments get a break from some of the paperwork and labeling regulations, they still need to meet several important hazmat requirements:
Training: Anyone involved in preparing, handling, or transporting limited quantity shipments must be trained in accordance with the HMR. That includes general awareness, function-specific, safety, security, and driver training.
Packaging: Limited quantity materials must be shipped in combination packaging, which means inner containers (like bottles, cans, or vials) placed inside a strong outer package. In most cases, the gross weight of the outer package cannot exceed 66 pounds.
Marking: Limited quantity packages must be marked with the limited quantity marking, which is a black and white square-on-point symbol. This helps carriers and emergency responders quickly identify the nature of the shipment.
If you’re shipping by air or vessel, the rules get stricter. You’ll need to follow additional requirements, including documentation and labeling, because the risks and regulations differ from ground transport.
Why the exception exists
The limited quantity exception is designed for smaller amounts of hazardous materials that pose a lower risk during transport. By reducing the regulatory burden on these shipments, the DOT allows businesses to move goods more efficiently without compromising safety.
However, it’s not a free pass. Shippers and transporters still need to understand the rules, train their employees, and package and mark their shipments correctly. Otherwise, they risk violations, fines, and potentially unsafe conditions.
Common misunderstanding
One of the most frequent mistakes shippers and transporters make is assuming that limited quantity means “non-hazmat.” It doesn’t. These materials still meet the definition of a hazardous material, they’re just eligible for certain exceptions. That misunderstanding can lead to skipped training, improper packaging, or missing markings, all of which can result in regulatory penalties or safety risks. If your team handles limited quantity shipments, it’s worth reviewing your procedures to make sure you’re not overlooking the requirements that still apply.
Key to remember: If you’re shipping hazardous materials in small quantities, the limited quantity exception can be a helpful tool, if you use it correctly. Remember, limited quantity is still hazmat, and that means the responsibility to ship safely and compliantly still applies.
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2025-10-21T05:00:00Z
NewsNew YorkChange NoticesWage and HourChange NoticeAssociate Benefits & CompensationAssociate RelationsHR GeneralistMinimum WageHR ManagementEnglishFocus AreaHuman Resources
New York minimum wage to increase
Effective date: January 1, 2026
This applies to: Employers with employees in New York
Description of change: Effective January 1, 2026, the New York minimum wage will increase from $16.50 to $17 per hour for New York City, Long Island, and Westchester, and from $15.50 to $16 per hour for the rest of the state. The minimum wage for tipped employees will increase from $13.75 to $14.15 for New York City, Long Island, and Westchester, and $12.90 to $13.30 for the rest of the state.
The minimum weekly salary threshold for exempt employees will increase from $1,237.50 to $1,275 for New York City, Long Island, and Westchester, and $1,161.65 to $1,199.10 per week for the rest of the state.
View related state info: Minimum wage – New York
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2025-10-21T05:00:00Z
Hawaii minimum wage to increase
Effective date: January 1, 2026
This applies to: Employers with employees in Hawaii
Description of change: Effective January 1, 2026, the Hawaii minimum wage will increase from $14 to $16 per hour.
View related state info: Minimum wage - Hawaii
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.