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A Look Ahead At Wage And Paid Leave Issues In 2017

Passage of new sick leave laws, increases in the minimum wage, and even an attempt to increase the salary basis for exempt employees made 2016 an active year for wage issues. Despite the anticipation of a more...more

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At...

Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from...more

Colorado Becomes Most Recent State To Pass Pregnancy Anti-Discrimination And Reasonable Accommodation Law

Recently, Colorado became one of an increasing majority of states to pass legislation preventing discrimination against pregnant workers and requiring employers to provide reasonable accommodations for pregnant workers. (As...more

U.S. Department Of Labor Issues Final Overtime Exemption Rule

On May 18, 2016, the United States Department of Labor (DOL) published its final overtime rule, which significantly changes the nature of who will qualify as salaried exempt employees under the executive, administrative, and...more

U.S. Supreme Court Provides Clarity On Statute Of Limitations In Constructive Discharge Title VII Cases

In a ruling on May 23, 2016, the United States Supreme Court provided much needed clarity on an issue that had caused a split among federal Circuit courts: when is a claim for constructive discharge under Title VII filed too...more

EEOC Issues Final Rules Regarding Workplace Wellness Programs To Better Align HIPAA's Employee Wellness Program Goals And EEOC's...

The Equal Employment Opportunity Commission (EEOC) issued two final rules regarding employer-sponsored wellness programs. The issue arose at the intersection of the Health Insurance Portability and Accountability Act (HIPAA),...more

President Obama Signs Federal Trade Secrets Bill

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating the first federal trade secrets law. Previously, employers protected trade secrets through filing claims brought under various...more

OSHA Issues Workplace Injury Reporting Rule

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) finalized a rule that requires employers to electronically submit certain information about workplace injuries and illnesses. Moreover, the rule...more

Browning-Ferris Decision Expands Definition Of "Joint Employer" For Collective Bargaining Purposes, Full Impact Of Decision...

Until recently, the National Labor Relations Board (NLRB) had held that an entity must have “direct control” of the essential terms and conditions of employment in order to be obligated to collectively bargain as a joint...more

Court Orders EEOC To Pay Employer Nearly $1 Million In Attorneys' Fees And Costs, Finds EEOC Pursued Case Long After It Was Clear...

Employers often criticize the EEOC’s position on employers’ use of background checks in the application process as increasing exposure for disparate treatment claims from applicants and as being willfully blind to legitimate...more

Employer Policies And Procedures That May Need To Be Updated In Light Of Obergefell

The U.S. Supreme Court, in Obergefell v. Hodges, ruled that same-sex marriage is a constitutionally-protected right which cannot be infringed upon through governmental action. Although private sector employers do not...more

EEOC Scores Six Figure Settlement Against University Of Michigan; For Limited Reassignment To The Most Well-Qualified Candidate...

Earlier this year, the Department of Justice (DOJ), which enforces the Americans with Disabilities Act (ADA) alongside the Equal Employment Opportunity Commission (EEOC), sued the University of Michigan regarding the school’s...more

The NLRB's Office Of General Counsel Provides Guidance Regarding Handbook Policies

On March 18, 2015, in the wake of a number of controversial decisions by the National Labor Relations Board (NLRB) regarding policies in employee handbooks (both in unionized and non-unionized settings), the NLRB's General...more

Fifield Update: Two Federal District Courts Conclude That The Illinois Supreme Court Will Ultimately Reject Fifield's Two-Year...

In the last issue of The Fast Laner, we reported that the Illinois Court of Appeals, Third District, followed Fifield v. Premier Dealer Servs. and held that, in the absence of other consideration, continued at-will employment...more

Illinois Courts Continue To Apply Fifield; Employers Should Closely Examine Non-Competes To Ensure Enforceability

In 2013, the Illinois Appellate Court issued a decision, Fifield v. Premier Dealer Servs., Inc., which held that the promise of at-will employment was insufficient consideration to support an otherwise enforceable non-compete...more

Beware! The Little Things Will Make A Big Difference In Court's Assessment Of Whether Individuals Are Independent Contractors

The United States Court of Appeals for the Seventh Circuit currently has a series of appeals pending before it relating to Fed Ex's alleged misclassification of its drivers, including drivers in Kansas, as independent...more

Small Dog Creates Big Problem For Employer Under The ADA; Employee's ADA Claims May Proceed To Trial

A recent ADA case in the U.S. District Court of Hawaii serves as a reminder that employees do not have to use any specific language to request a reasonable accommodation and that employers should follow up with employees in...more

Employer's Auditor Creates Doubt As To Whether Employee Was Poor Performer, Reminds Employers About Full And Robust Performance...

Many companies’ fiscal years end in June and July, meaning that they may soon find themselves in the midst of performance review season. While Human Resources professionals routinely remind managers of the importance of...more

Restaurants And Other Employers With "Food Handlers" Required To Complete Food Handling Training No Later Than July 1, 2014

The Illinois Food Handling Regulation Enforcement Act (Act) provides that “food handlers” (both in restaurants and non-restaurants) must complete “food handling” training no later than July 1, 2014. After July 1, 2014,...more

5/30/2014  /  Food Safety , Restaurant Industry

Illinois Supreme Court Strikes Down Illinois Eavesdropping Act's Two-Party Consent Provision

Under the Illinois Eavesdropping Act, a person committed a felony when he or she knowingly recorded an individual without that individual's consent, regardless of whether it was reasonable for the individual to have an...more

Recent Appeals Court Case Is A Reminder That A Lateral Transfer Could Be Viewed As An Adverse Action For Employment...

Legal precedent is not entirely consistent regarding whether lateral transfers constitute adverse actions sufficient to support discrimination claims by affected employees. However, a recent case from the Sixth Circuit...more

Audit Workplace Policies And Practices To Ensure A Legally Compliant 2014

Auditing internal employment policies and practices helps to identify and resolve areas of legal risk. The types of workplace policies that should be regularly reviewed include: EEO/Harassment; Complaint Reporting Procedures;...more

Are You Prepared To Comply With New Employment Laws And Requirements In 2014?

The New Year brings new employment laws and requirements for businesses. For example, as reported in the most recent edition of The Fast Laner, Illinois became the last state to allow people to carry concealed firearms....more

NLRB Judge Rules Facebook Chatter Was Concerted Activity, But That Conduct Was Egregious Enough To Justify Employees' Termination

A National Labor Relations Board (NLRB) administrative law judge recently held that while two employees’ Facebook discussions were concerted activity under the National Labor Relations Act (NLRA), the particular conduct at...more

Texas Challenges EEOC's Regulation On The Use Of Criminal Background Checks In The Employment Application Process

On November 4, 2013, the State of Texas filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) regarding the agency's April 2012 guidance on the use of criminal background checks in the employment...more

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