RumbergerKirk employment law partners Nicole Sieb Smith and Linda Bond Edwards addressed the Florida Court Clerks & Comptrollers (FCCC) at their 2022 Fall Conference.  The Conference theme, “Treasuring the Past, Charting the Course & Building the Future” provided a perfect backdrop for Nicole to remind participants to remember the employment practices they utilized in the past regarding the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).  Employers should be consistent in engaging the interactive process when employees request accommodations and to be sure they have sufficient information to make good business decisions.  She reminded employers that managing the FMLA process requires consistent compliance by both the employer and the employee. 

When it comes to changes in the use of medical marijuana, as of now, marijuana is still illegal under federal law.  Further, monitoring off duty employee behavior is tricky and requires the employer to carefully consider the facts of each situation. 

As the FCCC staffs turn to the future, Linda challenged them to consider whether returning to “normal” was the right thing to do.  Instead, consider the workplace lessons learned during the pandemic when making decisions about remote working, such as ensuring that there is a written policy and consistent application.  Employers were encouraged to not forget other employment laws such as the FLSA as they continue to look forward.