John L. Litchfield

John L. Litchfield

Foley & Lardner LLP

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Joint Employer Status for Franchisors Sees Some Reprieve, but not Enough yet for Celebration

We noted last year that, at the behest of its General Counsel Richard Griffin, the National Labor Relations Board was looking to recast the joint employer test under the National Labor Relations Act (NLRA) within the...more

5/20/2015 - Corporate Counsel Employer Liability Issues Franchises Franchisors Joint Employers New Guidance NLRA NLRB Unfair Labor Practices

Employer Wellness Programs: Finally (or at Least Potentially) Some Clarity

Late last week, the U.S. Equal Employment Opportunity Commission (EEOC) issued its long-anticipated proposed regulations regarding the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness...more

4/28/2015 - ADA Affordable Care Act Best Management Practices EEOC Employer Group Health Plans HIPAA Proposed Regulation Wellness Programs

Paycard Use Comes With Convenience, Regulation

For some employers, paycards have become a convenient and cost-effective alternate method to pay their workers, and for employees to have fast and easy access to their wages. Even direct deposit, for all the administrative...more

11/19/2014 - Corporate Counsel New Legislation Payroll Cards Pending Legislation Wages

Ebola Preparedness: Employee Education Is Key

In the wake of the world’s largest Ebola Virus Disease (EVD) outbreak in history, Americans have been inundated with media hype surrounding the disease, and the government and employers’ perceived inadequacy in their...more

10/28/2014 - Airlines CDC Clinical Laboratories Ebola Health Care Providers Hospitals OSHA Physicians Training Workplace Safety

"No Harm, No Foul" and the FMLA Still Means "Be Diligent"

We routinely remind employers about the importance of dotting every “I” and crossing every “T” with their Family and Medical Leave Act (FMLA) paperwork because, if they do not, employees can attempt to make a mess over...more

6/4/2014 - Compliance Employee Rights Employer Liability Issues FMLA

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate...more

4/9/2014 - Audio Recording Eavesdropping Invasion of Privacy Right to Privacy Surveillance

The Impact of the Supreme Court's Decision in Windsor (DOMA) on Individuals and Businesses

The U.S. Supreme Court’s decision in United States v. Windsor, issued two weeks ago, held that a portion of the Defense of Marriage Act (DOMA) was unconstitutional. This decision will affect individuals, employers, and...more

7/18/2013 - DOMA Employee Benefits Employer Mandates Marriage Same-Sex Marriage SCOTUS US v Windsor

Employers Won’t Do Jail Time for Snooping Around on Employees’ Cell Phones, But They May End Up Paying for It

Do you ever have that feeling that the cell phone conspicuously pointed in your direction is actually taking your picture? Or, do you worry that a gossipy employee is spreading nasty rumors about you via text messages?...more

12/26/2012 - Cell Phones Stored Communications Act Texting

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