David Moore

David Moore

Laner Muchin, Ltd.

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Obergefell Ruling Reaffirms That Employees In Same-Sex Marriages Have FMLA Rights

Earlier this year, the U.S. Department of Labor (DOL) issued a final rule defining “spouse” under the Family and Medical Leave Act (FMLA) so that an eligible employee in a same-sex marriage is able to take FMLA leave to care...more

8/28/2015 - DOL FMLA Medical Leave Obergefell v. Hodges Same-Sex Marriage Spouses

USDOL Issues New Guidance Stating That Most Workers Are Employees, Not Independent Contractors

On July 15, 2015, the USDOL issued guidance for determining whether a worker is an employee or an independent contractor under the FLSA. The main takeaway from the guidance is that when analyzing the applicable independent...more

8/12/2015 - DOL Economic Realities Test FLSA Independent Contractors IRS

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

7/7/2015 - Abercrombie & Fitch Appearance Policy Dress Codes EEOC EEOC v Abercrombie Hiring & Firing Interviews Job Applicants Religious Accommodation Religious Discrimination SCOTUS Title VII

Illinois Appellate Court Limits Employer's Discretion To Award Or Deny Bonuses Under Written Bonus Plan

McCleary v. Wells Fargo Securities, LLC, an Illinois Appellate Court held that a former employee stated a claim for an unpaid bonus under a written bonus plan that expressly stated that bonuses were made at the sole...more

4/3/2015 - Abuse of Discretion Bonuses Employment Contract Pleadings Unjust Enrichment Wage and Hour

NLRB Holds That Confidentiality Agreement Barring Employees From Discussing Human Resources-Related Information is Unlawful

In Battle’s Transportation, Inc. and Jerome Kearney, the National Labor Relations Board (NLRB) held that an employer’s confidentiality agreement that barred employees from discussing “human resources related information” and...more

3/12/2015 - Confidentiality Agreements NLRB

Employers Must Consult Both State And Federal Law To Ensure Their Meal And Rest Period Practices Are Legally Compliant

A series of recent federal and state court decisions provide a mixed bag for employers on the issue of mandatory meal periods. On the one hand, these decisions support an employer’s ability to provide meal periods to its...more

2/24/2015 - Corporate Counsel Employer Mandates FLSA Rest and Meal Break Wage and Hour

DOL Issues Proposed Regulatory Changes To Sex Discrimination Rules For Federal Contractors

The United States Department of Labor (USDOL) has begun what is expected to be a year filled with regulatory changes by issuing its proposed new regulations regarding sex discrimination by federal contractors, which have not...more

2/15/2015 - DOL Employee Benefits Equal Pay Federal Contractors FLSA New Regulations Parental Leave Popular Pregnancy Discrimination Reasonable Accommodation Sex Discrimination Title VII

Court Dismisses EEOC's Challenge To CVS' Severance Agreement; Holds That EEOC Failed To Conciliate With CVS

The Equal Employment Opportunity Commission (the “EEOC”) made headlines earlier this year by filing a lawsuit attacking CVS Pharmacy, Inc.’s standard severance agreement, which the EEOC argued unlawfully restricts former...more

12/30/2014 - Conciliation CVS Dismissals EEOC Hiring & Firing Severance Agreements

Illinois Employers Must Provide Reasonable Accommodations To Pregnant Employees

Illinois Governor Pat Quinn has signed into law amendments to the Illinois Human Rights Act (“IHRA”) that require all employers to provide reasonable accommodations for any medical or common condition of a job applicant or...more

10/6/2014 - Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

First Amendment Protects Public Employees Who Give Truthful, Sworn Testimony Outside The Scope Of Their Ordinary Job Duties From...

In Lane v. Franks, et al, Edward Lane was discharged as a program director at a state college after testifying in a criminal, public corruption case against an Alabama State Representative. Lane had previously discharged the...more

7/18/2014 - First Amendment Garcetti Lane v Franks et.al Retaliation SCOTUS Testimony

NLRB To Determine If Employees Have A Statutory Right To Use Employers' Email And Other Communications Systems For Union...

The National Labor Relations Board (NLRB) has invited the public to file amicus ("friend of the court") briefs by June 16, 2014 addressing whether employees have the statutory right to use employers’ email and other...more

6/2/2014 - Email Employee Rights NLRA NLRB Unions

Northwestern University's Football Team Is Scheduled To Vote On Union Representation

At the end of March, in a landmark decision, the Regional Director of the National Labor Relations Board (NLRB) in Chicago held that Northwestern University’s scholarship football players are “employees” who can vote to be...more

5/1/2014 - Athletes Employee Definition NLRB Northwestern University Union Membership

Tis The Season To Avoid Wage and Hour Pitfalls With Holidays and Bonuses

As the end of the year and year-end holiday season approach, so do annual bonus time and paid holidays. Employers should avoid some common wage and hour pitfalls with bonuses and paid holidays. The first common pitfall is not...more

12/10/2013 - Bonuses Holidays Wage and Hour Year-End Compliance Checklist

Illinois Set To Legalize Same-Sex Marriages; Employers Must Take Numerous Steps To Comply With The Law By June 2014

On November 20, 2013, Illinois Governor Pat Quinn will sign the Religious Freedom and Marriage Fairness Act, which the Illinois General Assembly passed last week and which will make Illinois either the 15th or 16th state to...more

11/14/2013 - COBRA Employee Benefits FMLA Payroll Taxes Same-Sex Marriage

Threshold Dollar Amount For Reporting Settlements to Medicare Drops To $2,000; CMS Issues New User Guide

The threshold dollar amount for when private and public employers and insurers are required to report payments to Medicare enrollees pursuant to settlements and judgments has been lowered from $5,000 to $2,000, and will...more

11/4/2013 - CMS Medicare Reporting Requirements Settlement Threshhold Requirements

Illinois Releases Sample Sign That Private Property Owners May Use To Ban Concealed Weapons On Their Property

As reported previously here, in July, the Firearm Concealed Carry Act was enacted in Illinois authorizing individuals with the right to carry concealed weapons in public provided they obtain a permit from the Illinois...more

10/17/2013 - Concealed Weapons Firearms Posting Requirements

Illinois Supreme Court Declines To Review Fifield, Leaving Illinois Employers With Questions About The Enforceability Of...

On June 24, 2013, in Fifield v Premier, the Illinois Appellate Court for the First District ruled that an offer of at-will employment is not adequate consideration to support a restrictive covenant agreement (i.e.,...more

10/4/2013 - Job Offers Non-Compete Agreements

Employers Must Be Careful Before Concluding That An Employee's Condition Presents A "Direct Threat" To The Safety Of The Employee...

In EEOC v. Rexnord Industries, LLC, a federal district court in Milwaukee held that a jury must decide whether Rexnord properly discharged the plaintiff, a manufacturing plant assembler, based on a company doctor’s...more

9/19/2013 - ADA Disability Discrimination Discrimination EEOC Hiring & Firing Safety Precautions

Sixth Circuit Holds Volunteer Firefighters Must Be Counted As Employees To Determine Whether A Dispatcher Is Eligible For FMLA...

The U.S. Court of Appeals for the Sixth Circuit held in Mendel v. City of Gibraltar that volunteer firefighters, who receive $15 per hour whenever they voluntarily choose to respond to calls, are employees who must be counted...more

9/10/2013 - Employee Rights Firemen FMLA Full-Time Employees Volunteers

Employers Must File EEO-1 Reports With The EEOC By September 30, 2013

The deadline for filing EEO-1 reports with the Equal Employment Opportunity Commission (EEOC) is September 30, 2013....more

8/26/2013 - EEO-1 EEOC Filing Requirements

Illinois Becomes The 20th State To Legalize Medical Marijuana; Will Drug-Free Workplace Policies Go Up In Smoke?

On August 1, 2013, Illinois Governor Pat Quinn signed into law the Compassionate Use of Medical Cannabis Pilot Program Act, making Illinois the 20th state to legalize medical marijuana. This law goes into effect on January 1,...more

8/14/2013 - Decriminalization of Marijuana Employment Policies Marijuana Medical Marijuana New Legislation

President Withdraws Nominations Of NLRB Members That Are The Subject Of The Noel Canning Case, But Impact Of Withdrawals Uncertain

Last week, as part of an agreement between Senate Democrats and Republicans to avoid the "nuclear option" of eliminating the filibuster for executive branch nominations, President Obama agreed to withdraw the pending...more

7/26/2013 - Barack Obama Canning v NLRB NLRB Nominations Recess Appointments Richard Griffin Withdrawal

The Supreme Court's Decision Declaring Section 3 Of The Defense Of Marriage Act Unconstitutional Has Far-Reaching Implications For...

On June 26, 2013, in United States v. Windsor, the United States Supreme Court struck down Section 3 of DOMA, holding that it was unconstitutional to discriminate between same-sex and opposite-sex marriages for purposes of...more

7/12/2013 - Civil Unions DOMA Domestic Partnership Employee Benefits Employer Mandates Equal Protection Marriage Same-Sex Marriage SCOTUS US v Windsor

Supreme Court Makes Defending Title VII Cases Easier For Employers; Decides To Review Noel Canning, Will Rule On NLRB Recess...

On June 24, 2013, the U.S. Supreme Court issued opinions in two cases which are clear victories for employers. First, in Vance v. Ball State University, the Supreme Court held that “an employer may be vicariously liable for...more

7/10/2013 - Adverse Employment Action Canning v NLRB Disability Discrimination Discrimination Employer Liability Issues Harassment Hiring & Firing Racial Discrimination Retaliation Supervisors Termination UT Southwestern Medical v Nassar Vance v. Ball State University

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