Arlene K. Kline

Arlene K. Kline

Arlene Kline is a veteran litigator defending labor and employment matters on behalf of banking, hospitality, healthcare, manufacturing, media, distribution, transportation, software and non-profit sector clients. Clients value her comprehensive practice, including policy development, compliance, audits, litigation and appeals. A significant aspect of her practice also includes counseling on compliance with the public accommodation provisions of the Americans with Disabilities Act (including its application to websites and mobile apps), and avoidance of such claims.

Subscribe to all posts by Arlene K. Kline

Non-Compete and Trade Secret Provisions: Protecting Your Company and Assets

Now more than ever, employers must take active steps to protect their confidential information and trade secrets from the prying eyes of competitors. In our digital age, trade secrets can be misappropriated in an instant, and without the proper agreements in place, any business can be vulnerable. Recent major court cases involving companies such as Google, Amazon, and other industry … Continue Reading

DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website.

The prior FMLA forms expired well before the new ones were issued this past weekend. The new forms contain the Genetic Information Nondiscrimination Act (GINA) disclosure language that directs medical providers not … Continue Reading

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations “affect commerce” and is a “place of public accommodation” as defined by statute.  42 U.S.C. § 12181(7)(A)-(L).  Commerce is defined as “travel, trade, traffic, commerce, transportation, or communication (A) among the several States; (B) between any foreign country or any … Continue Reading

Irregular Attendance May Render An Employee With A Disability “Unqualified”

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an “essential function” of a position and leave will not allow regular attendance now or in the immediate future, leave is not a “reasonable accommodation.”

After resigning his … Continue Reading

OFCCP’S New Rules Expand Affirmative Action Requirements

The Office of Federal Contract Compliance Programs (OFCCP) has issued new rules that  increase affirmative action requirements of direct federal contractors and subcontractors.

The OFCCP issued its final rules in the Federal Register on Sept. 24th.  The OFCCP announced that the rules, which affect hiring and retention practices for veterans and persons with disabilities, would not go into effect until … Continue Reading

Supreme Court’s Refusal to Hear Appeal Suggests Companies Must Transfer Newly Disabled Employees to Open Positions as a Reasonable Accommodation, Regardless of Whether There Are More Qualified Candidates

This week, the U.S. Supreme Court refused to review EEOC v. United Airlines, Inc., a Seventh Circuit decision (which overruled its prior precedent) holding that the Americans with Disabilities Act (“ADA”) obligates employers to reassign newly disabled workers to open job positions, thus reviving a class action the U.S. Equal Opportunity Employment Commission filed against an airline alleging it … Continue Reading

Latest Developments Under the FMLA

There is some very interesting news in the world of the Family and Medical Leave Act (FMLA)!  The Family and Medical Leave Act is a federal law enacted by President Clinton that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified reasons with continuation of group health insurance coverage under the same terms and conditions as … Continue Reading

ADA Pool and Spa Accessibility Compliance Deadline is Rapidly Approaching

The current compliance date for making swimming pools and spas ADA accessible is January 31, 2013, although the deadline could be further extended by the U.S. Department of Justice.  (DOJ has extended the compliance deadline on two occasions, but not for pools and spas constructed or altered on or after March 15, 2012). The requirements may include installing an independently … Continue Reading

Given Our Aging Jury Population, How Do You Counter Age Discrimination Claims Brought by Employees Over 50 Years of Age?

Arlene Kline recently spoke on the Age Discrimination in Employment Act (“ADEA”) at the American Conference Institute’s 3rd Annual Forum on Defending and Managing Employment Discrimination Litigation in New York City.  The most common question asked of her was what application the U.S. Supreme Court’s Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009) has had on litigating … Continue Reading

LexBlog