Sarah J. Lis

Sarah J. Lis

Sarah Lis represents employers before federal and state courts as well as administrative agencies, including the Equal Employment Opportunity Commission and the Department of Labor. Sarah’s employment litigation experience includes discrimination, harassment and retaliation claims, wage and hour matters, whistleblower claims, ADA public access claims, ADA disability and accommodation matters, employee leave issues, and restrictive covenant enforcement and defense.

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Mandatory Flu Vaccination Policies: Time for a Check-Up

After a measles outbreak at Disneyland spread to 134 Californians and residents in six other states and two other countries, California adopted a law removing “personal belief” exemptions from vaccinating children in public or private schools or childcare centers. But employers faced with choosing between wanting a healthy work-site and respecting individual worker’s beliefs about vaccines lack such clear direction. … Continue Reading

Loose Lips Can Constitute Interference with FMLA Leave

Disclosure of medical confidential information can result in a Family and Medical Leave Act (FMLA) interference claim, even when the employer does not actually interfere with the employee’s right to take FMLA leave. So held a federal court recently in Fort Myers, Florida in the case of Holtrey v. Collier County Board of Commissioners.Continue Reading

Stress Claims Stressing Employers Out

Let’s face it: work can be stressful. So what’s an employer to do when an employee requests a stress-free or less stressful work environment as an accommodation under the Americans with Disabilities Act? As always, it depends. While the ADA generally requires employers to engage in the interactive process to determine whether they can accommodate employees with disabilities, there occasionally … Continue Reading

OSHA Clarifies Its “Just Say No” to Automatic Post-Accident Drug-Testing Position

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the provisions of OSHA’s new Rule saying that automatic testing could be retaliatory? Following our recent blog on that issue, many of our readers had questions. They were not alone; in fact, there was so much debate that OSHA issued a Memorandum on October 19, 2016 clarifying its … Continue Reading

Just Say No to Automatic Post-Accident Drug-Testing?

(**Edited as of October 26, 2017.** See updated blog.**)

Do you automatically drug-test after all work-related injuries or accidents? If so, you may want to consider changing your policy in light of the Occupational Safety and Health Administration’s new reporting Rule. The Rule was initially effective August 10, 2016, but enforcement has been delayed while a legal challenge works … Continue Reading

Court Addresses FMLA’s Overnight Stay Requirement

In order to satisfy the Family and Medical Leave Act’s “overnight stay” requirement, an employee must be in the hospital “for a substantial period of time from one calendar day to the next calendar day as measured by the individual’s time of admission and time of discharge,” according to the federal Third Circuit Court of Appeals. The Court also noted, … Continue Reading

E-Cigarettes in the Workplace

Employers should be aware of the new electronic cigarette fad, and the need to address workplace policies accordingly.

Electronic cigarettes, also known as e-cigarettes, are battery-powered devices that heat up nicotine-laced liquid, turning it into a vapor that users inhale, or “vape,” and then exhale. Most look like conventional cigarettes, cigars, or pipes, but some e-cigarettes resemble everyday items such … Continue Reading

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