11/29/22
Addiction and Substance Abuse • Addiction – current or past is • Substance Use
considered a disability • Factual considerations
• Protects a person in recovery who is no longer engaged in illegal use of drugs • Illegal: • Use of illegal drugs – heroine/cocaine • Use of Rx medications • No valid or a fraudulent prescription; or • Using more than prescribed • Legal use is protected by ADA but taking more than prescribed may not be covered
• Can require employee to meet same standards of other employees • Need not make accommodation to support/enable use but may need to make accommodation for rehabilitation
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Fair Labor Standards Act
• Standards for minimum wages and terms of payment for overtime • Employers prohibited from • Payment of wages less than statutory minimum • Work week in excess of 40 hours unless employees are compensated at time-and-a-half their regular wage • Exploiting child labor • No specific mention of tribes
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