David Weinstein

David Weinstein

Faegre Baker Daniels

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Latest Publications


Early Returns: Browning-Ferris and the Expanding Employment Relationship

On August 27, 2015, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries of California, 362 NLRB No. 186, reworking the standard for joint employment under the National Labor Relations...more

11/3/2015 - Browning-Ferris Industries of California Inc. Control Test Corporate Counsel DOL Economic Realities Test EEOC Joint Employers NLRA NLRB OSHA Popular Title VII

Illinois Appellate Court Finds Admitted Off-Duty Marijuana Use Does Not Bar Unemployment Insurance Benefits

Is an employee entitled to receive unemployment insurance benefits after being terminated for admittedly smoking marijuana while on vacation? According to a recent, and counter-intuitive, decision by the Illinois Appellate...more

12/15/2014 - Hiring & Firing Illegal Drugs Marijuana Termination Unemployment Benefits Unemployment Insurance

Illinois Employer May Be Liable for Failing to Investigate Employee's Murderous Email Threats

Can an employer be liable for wrongful death by failing to investigate an employee's email threats to murder his family? The Illinois Appellate Court recently ruled that the answer may be "yes" based on the employer's...more

9/4/2014 - Electronic Communications Email Email Policies Employer Liability Issues Employment Policies Popular Wrongful Death

Ignoring the Bonus True-Up: How a Seemingly Small Oversight Can Lead to Complex Litigation

As many employers recognize, a seemingly small oversight in administering employee payroll can have significant consequences, including unexpected complex litigation. One such oversight is failing to consider the wage-hour...more

6/4/2014 - Bonuses Complex Litigation DOL Employer Liability Issues FLSA Non-Exempt Employees Payroll Records Wage and Hour Wages

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