Title I of the Americans with Disabilities Act (“ADA”), 42 U,S.C. §§ 12111-12117, makes it unlawful for an employer to “require a medical examination” or to “make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination … Continue reading When Can an Employer Require an Employee to Undergo a Medical Exam Under the ADA?
“Rather than disposing of stock in a closely held business (by sale or corporate reorganization) at retirement the retiree may decide to transfer all or a portion of the stock by gifts to various family members.” Streng & Davis, Tax Planning for Retirement 7.05 (Thomson Reuters Tax and Accounting 2018). Three important objectives can be … Continue reading Estate Planning: Lifetime Gifts of Closely Held Business Stock to Family Members
The Americans with Disabilities Act (“ADA”) prohibits covered employers from discriminating against qualified individuals on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). This prohibition against discrimination can apply to … Continue reading Disability Discrimination in Employment: Health Care Employer Could Condition Employment on Health Screening and Vaccination
When an arbitration agreement is in effect, who decides whether an employment dispute, or any dispute for that matter, is arbitrable? The Supreme Court recently released a pair of decisions that address this issue under the Federal Arbitration Act (FAA), Henry Schein, Inc. v. Archer & White Sales, Inc.,_ S. Ct._, 202 L. Ed. 2d … Continue reading Employment: Arbitration – ‘Gateway Issues’