SimplyHR | Employment & Labor Blog 

As we reported last fall, the Seventh Circuit Court of Appeals determined that a multi-month continuous leave of absence is beyond the scope of a reasonable accommodation under the ADA. The case was Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017). After exhausting 12 continuous weeks of FMLA leave for a serious back condition, Severson informed his employer that he would need to remain off work for another two to three months. The Seventh Circuit reasoned that the ADA is an antidiscrimination statute, not a medical leave entitlement, and an employee who needs long-term medical leave cannot work and is therefore not a qualified individual under the ADA.

On April 2, 2018, the U.S. Supreme Court, in a close 5-4 decision, held that car dealership service advisors are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). In reaching this conclusion, the court rejected the long-held belief that FLSA exemptions should be applied narrowly.

The U.S. Department of Health and Human Services (HHS) earlier this year announced that it would create a new division within the Office of Civil Rights (OCR) to enforce certain federal laws to protect religious freedom and the rights of conscience of workers in health and human services. This new Conscience and Religious Freedom Division will provide an avenue for HHS to more aggressively enforce laws protecting the rights of conscience and religious freedom.