October 2016 L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Jennifer L. Anderson, Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update

Happy October! The leaves are changing color and a season of change is upon us. This month's newsletter gives you the next steps to consider on extended leave under the ADA, looks at banks being targeted with ADA Title III claims and gives employers a primer on medical marijuana laws. We profile one of the Firm's authorities on the FLSA, Dena Sokolow, and our blog has the five things employers should know about transgender rights in the workplace. And don't forget that the FLSA overtime exemption rule goes into effect on December 1; we'll have a webinar in November to recap everything you need to know to be ready.

Extended Leave Under the ADA: Necessary Next Steps to Consider

Michael R. Ewing, 615.726.5552,

Earlier this summer, I wrote an article for the July issue of our firm's L&E Newsletter, surveying cases on when an employee's request for extended medical leave is, and is not, a reasonable accommodation under the ADA. As that article explained, there is a recent trend in litigation demonstrating that leave beyond the FMLA – and, even beyond an employer's (otherwise generous) leave policies – can be required by the law. The goal of the article was to provide employers with tangible boundaries to operate within on this challenging new issue. Knowing those boundaries, however, is only half the battle. What should you do next? Read on to find out.  More...

Weed in the Workplace: What You Need to Know

Zachary B. Busey, 901.577.8164,

You have not heard the presidential candidates discuss medical marijuana or efforts to decriminalize recreational use. Nevertheless, state legislatures and local governments have been tackling these issues for some time, passing a number of state laws and local ordinances. Under federal law, however, marijuana remains illegal. Given that marijuana is illegal under federal law, recent actions by state legislatures and local governments generally have little impact on the workplace or employment decisions. This is because federal law largely regulates both, and to the extent there is a conflict with state law, federal law overrides it. How does all of this affect you in the workplace? Keep reading to find out.  More...

Bank Websites Targeted for Title III ADA Violations – 12 Ways to Comply

David E. Gevertz, 404.221.6512,
Steven J. Eisen, 615.726.5718,

An increasing number of companies in the banking industry are reporting receiving demand letters from law firms alleging website violations under Title III of the Americans with Disabilities Act (Title III). These letters claim that the institution's website contains accessibility barriers, including but not limited to, failure to provide text content, inability of the user to re-size text, lack of functionality through the keyboard interface, inability to program the default human language of each web page, and absence of labels or instructions when the website content required user input. What does this mean for companies? Keep reading to find out.  More...

L&E Compass

Click here to read up on the five things employers need to know about transgender rights in the workplace.