Comments on: Physical attendance not required? ADA and telecommuting, cont’d https://www.overlawyered.com/2014/05/physical-attendance-required/ Chronicling the high cost of our legal system Mon, 05 May 2014 21:11:22 +0000 hourly 1 By: SkipTheDrive https://www.overlawyered.com/2014/05/physical-attendance-required/comment-page-1/#comment-283100 Mon, 05 May 2014 21:11:22 +0000 http://overlawyered.com/?p=45691#comment-283100 Though I’m all about telecommuting, if the job necessitates/requires that the employee be there, that should be the end of the discussion.

]]> By: MattS https://www.overlawyered.com/2014/05/physical-attendance-required/comment-page-1/#comment-283071 Mon, 05 May 2014 17:40:52 +0000 http://overlawyered.com/?p=45691#comment-283071 Is that any worse than this from the NLRB: http://washingtonexaminer.com/nlrb-rules-workers-must-pay-years-worth-of-dues-to-decertified-union/article/2548016 ?

]]> By: Richard Nieporent https://www.overlawyered.com/2014/05/physical-attendance-required/comment-page-1/#comment-283045 Mon, 05 May 2014 12:38:48 +0000 http://overlawyered.com/?p=45691#comment-283045 Instead, the court said, a jury should decide whether physical attendance is an “essential function” of the job under all the circumstances.

Because a jury of random people after listening to a few hours of testimony will be able to understand exactly what is required to perform this job without ever having done this type of work. What will we have next, the Court determining what are the essential functions for playing professional golf? Oh, wait..

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