I had already gone through two drafts of putting this blog entry together when I saw that the United States Supreme Court came down with it decision in Cummings (we discussed the oral argument here). One thing Cummings shows me is that predicting the Supreme Court result from the oral argument is a fools

Happy new year everybody. Hope everybody enjoyed their holiday and is now raring to get back to work. Just to give everybody a heads up, the week of January 28 and February 3 may not see a blog entry for me at all. During those two weeks, I will be testifying in two different trials

Today’s blog entry is going to be my last substantive blog entry of the year. My daughter is on break the last two weeks of December, and just about everybody takes the Christmas season off anyway. The very last blog entry of the calendar year is when I traditionally do my top 10 Understanding the

The blog entry for this week is a follow-up on the blog entry from last week. Last week, I discussed job relatedness and business necessity. This week we discuss medical related inquiries and disability related inquiries in two different cases.  One from the Northern District of Texas and the other from the Fourth Circuit.

Obviously, I missed a blog entry last week. I have a good excuse. My daughter’s bat mitzvah was July 8. While the bat mitzvah and the reception and everything else went great (she did a great job!), the hangover was considerable. Once the hangover subsided, I had a client matter to attend to. However, I

As everyone knows, I keep a list of my favorite blogs in my blogroll section. One of those blogs on the list is Jonathan Hyman’s Ohio Employer’s Law Blog, An ABA Blawg 100 Hall of Fame Blog.  I highly recommend it. Jon has a very unusual perspective on labor and employment law. In a recent