When an individual decides to request accommodation, the individual must let the employer know that an adjustment or change at work is necessary for a reason related to a medical condition. A request for reasonable accommodation is the first step in an informal, interactive process between the individual and the employer. I'll discuss that "interactive process" in more detail in a later blog post.

The FMLA requires employers to provide their employees with both general and specific FMLA notices. We discuss both types.

We sometimes encounter employers who either don't know or don't care that a pregnancy, although temporary, leads to significant employee rights. On the one hand, many employers treat pregnant employees quite well, often as a result of traditional decency and practices, rather than because of any legal obligations. But employers who choose not to do that can run afoul of special laws that apply to pregnant employees, such as those governing maternity and pregnancy leave.

Management employees must have a certain level of personnel authority in order to qualify for the “executive exemption” and thus be ineligible for overtime. We share our thoughts regarding that requirement.

Many people like having large, mature trees on their property. Trees look nice, they create shade, and they add a little nature to urban communities. But have you ever thought about the potential liability that the trees on your property could cause?

Bed rails in nursing facilities can be as dangerous as they are helpful. Particularly for older, confused, or frail nursing home residents, injuries or death caused by bed rails frequently happen.

The FMLA includes more than just provisions for employee medical leave. The FMLA also governs what an employer must do when an employee returns from FMLA-covered leave. In most instances, an employer is legally obligated to reinstate an employee who returns from FMLA leave.

It is not uncommon for an insurance policy to have an appraisal provision to resolve such disputes in lieu of more expensive and time-consuming legal action. An appraisal is a supplementary arrangement to arrive at a resolution of a dispute without a formal lawsuit. Provisions for appraisal of an insurance loss, whether under policy terms or pursuant to independent agreement, are valid and binding on the parties. 

Federal disability discrimination law has been rapidly evolving. We review an Iowa Supreme Court decision that begins the process of similarly expanding Iowa’s disability discrimination law.

A claim is available for certain types of privacy invasions. A person found liable for invading someone else's privacy can be made to pay compensatory damages for emotional distress and even punitive damages.