"It is instructive that, on nearly identical facts to those in the present case," Justice Dalila Argaez Wendlandt stated, citing 'Wallace v. Grubhub,' "the United States Court of Appeals for the Seventh Circuit concluded that Grubhub drivers were 'transportation workers,' but not engaged in interstate commerce as required by the residual clause."
Labor of Law: As Workers Suffer With Long Covid, Employers May Rethink Accommodations for Other Disabilities
Employers unwilling to find creative accommodations for workers with long Covid and workers with other long-term disabilities risk "losing enormous resources and a brain drain of employees who have a lot to contribute," said Wendy Musell, who represents workers as a sole practitioner and is also of counsel at Oakland, California-based firm Levy Vinick Burrell Hyams.
"I've worked with many, many different GCs, and I've heard way too many times that the GC is in a new role and they didn't realize that certain equity options could have been awarded to them. Or they'll say, 'I was just too embarrassed to ask HR, so I left it on the table,'" said New York-based legal career coach Zelda Owens.