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Associate
DGonzalez@hinshawlaw.com
954-375-1143
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Daniel Eric Gonzalez practices exclusively in the area of labor and employment law. He has represented clients—which have included international …

Showing 6 posts by Daniel Eric Gonzalez.

CDC Issues Guidance That Serological Testing of Employees Violates ADA

As more states are reopening and employees are returning to work, some employers will be considering testing employees for COVID-19 before allowing them to return to the workplace. In a prior post, we wrote about guidance from the EEOC that states that employers may test employees before returning to work as long as the testing complies with the Americans with Disabilities Act (ADA). We also wrote about the various types of COVID-19 testing available, including serological testing and diagnostic testing. Serological testing looks for the presence of COVID-19 antibodies, while diagnostic testing checks for the presence of the COVID-19 virus itself. More ›

EEOC Indicates Testing Employees for COVID-19 Does Not Violate ADA

As businesses prepare to re-open, many employers will be concerned about the risk of workplace transmission of the COVID-19 disease. Testing employees before allowing them to enter the workplace is one preventative measure employers are considering. However, this measure has been clouded by uncertainty, because a test for COVID-19 could be considered a medical inquiry under the Americans with Disabilities Act (ADA), which is only permitted if the inquiry is job-related and consistent with business necessity. More ›

Employers Beware: Terminating an Employee with COVID-19 May Violate Several Federal Statutes

Throughout the COVID-19 pandemic, the issue of whether an employer may lawfully terminate an employee who has contracted COVID-19 has continued to arise. Terminating an employee because they have contracted COVID-19 carries significant legal risk. Some employers might consider the decision to terminate an employee a safety measure meant to protect employees and customers from coming into contact with someone who has had the illness. But doing so may run afoul of several federal statutes, including the Families First Coronavirus Response Act (FFCRA), as well as the Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA). More ›

EEOC Petitions the NLRB to Change Legal Test for Considering Whether Employee Racial Outbursts are Protected NLRA Activity

In response to an amicus brief submitted by the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) has agreed to review General Motors LLC, a case which reveals a tension between the National Labor Relations Act (NLRA) and Title VII of the Civil Rights Act of 1964 regarding employee racial outbursts during union activity. The EEOC requested the NLRB to change its test for determining whether or not an employee outburst is protected by the NLRA when it includes racially-charged language. The NLRB's decision could provide employers with more flexibility in disciplining employees for racial misconduct during union activity. More ›

Eighth Circuit to Decide Viability of Bringing Class Action Claims Under the ADA

The U.S. Court of Appeals for the Eighth Circuit will soon be deciding a case that may have important implications on the viability of class actions for employment discrimination under the Americans with Disabilities Act (ADA). In Harris v. Union Pacific Railroad, the Eighth Circuit will look at whether a large class can be certified in ADA litigation notwithstanding certain individualized inquiries inherent to the ADA. More ›

Employee Participation in an Employer-Sponsored Volunteer Program is Not Compensable, DOL Says

The Department of Labor (DOL), Wage and Hour Division, recently issued its first set of opinion letters for 2019. One of the letters, FLSA2019-02, addresses whether employee time spent participating in an employer's optional volunteer program is compensable work time under the Fair Labor Standards Act (FLSA). As many employers today offer optional volunteer programs to their employees, this opinion letter is helpful for employers to determine whether employee time spent volunteering with such a program is compensable. More ›

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