Compliance Stuff

Nevada’s new state-facilitated retirement program for private-sector employees is now live. While the Nevada Employee Savings Trust (NEST) Program is designed to minimize the administrative, cost, and liability burdens for employers, the program represents a significant change for businesses and will require careful navigation of new compliance obligations. You must act quickly to understand the scope of your responsibilities and ensure you either register for the program or certify your exemption by September 1 . We’ll explain everything private businesses in Nevada must know about the NEST Program – and how to stay compliant. What is the NEST Program and why did Nevada create it? The NEST Program is a state-facilitated retirement savings program for private sector employees. It was created by a state law ( NRS 353D ) enacted in 2023 and is now live after launching this month (ahead of its originally scheduled July 1 date). The program is designed to close the retirement savings ...

What kind of notice must employees provide to their employer when taking leave under the Family and Medical Leave Act? And how strictly may an employer rely on a doctor’s certification regarding the amount of FMLA leave an employee requires? A recent decision,  Jackson v. United States Postal Service , from the U.S. Court of Appeals for the Sixth Circuit, provides guidance on these difficult questions. Quick Hits The U.S. Court of Appeals for the Sixth Circuit’s opinion in  Jackson v. United States Postal Service  provides guidance to employers on FMLA notice requirements and certifications. Employers may wish to ensure that actual practices align with written notice procedures and enforce those procedures consistently. For unforeseen intermittent leave under the FMLA , a healthcare provider’s certification provides only an estimate of leave and not an absolute limi t. Background The employee, Kristopher Jackson, suffers from sickle cell anemia, which can flare up unpredi...

Managing employee medical leaves can be one of the most confusing challenges for California employers. You want to support your team, but what happens when the time off just keeps getting extended, with no clear return date? The good news: California law does not require you to grant indefinite leave as a reasonable accommodation. A recent Court of Appeal decision,  Manos v. J. Paul Getty Trust , reinforces this important principle under the Fair Employment and Housing Act (FEHA). What the Law Requires When employees exhaust protected leave under the FMLA, CFRA, or other laws, employers still need to consider whether the ADA or FEHA require additional accommodations. Sometimes that means more unpaid leave—but only if there’s a real expectation that the time off will help the employee return to work. The law is clear: Leave may be a reasonable accommodation if it’s likely to allow the employee to come back and perform the essential functions of their position. Employers are not req...

On August 19, 2025, the U.S. District Court for the Eastern District of Michigan held that an employee was not protected under the Americans with Disabilities Act since he had not been medically cleared to return to work and could not perform his essential job functions. The decision in  Haack v. Lapeer County Road Commission  highlights the stance of requests for indefinite leave in the Sixth Circuit Court of Appeals. Quick Hits On August 19, 2025, the U.S. District Court for the Eastern District of Michigan held that an employee on medical leave was not protected under the ADA since he had not been medically cleared to return to work and could not perform his essential job functions. The employer had already granted over a year of leave, so the employee’s request for more open-ended leave was considered unreasonable. The court reasoned that neutral and nondisability-based communications from the employer did not support a hostile work environment claim . Background on the C...