Sara Yager

Sara Yager

Laner Muchin, Ltd.

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Latest Publications


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

10/9/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Joint Employers Staffing Agencies

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

9/17/2015 - Attorney's Fees Corporate Counsel Criminal Background Checks Disparate Impact EEOC Evidence FCRA Legal Costs Statistical Sampling Title VII

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

8/27/2015 - Employee Benefits Employee Handbooks FMLA Obergefell v. Hodges OFCCP Same-Sex Marriage USERRA

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

8/10/2015 - ADA Disability Discrimination DOJ EEOC Employee Reassignment Universities

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

4/6/2015 - Confidentiality Agreements Employee Handbooks NLRA NLRB Section 7

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

2/20/2015 - Appeals At-Will Employment Consideration Employer Liability Issues Restrictive Covenants

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

2/11/2015 - At-Will Employment Consideration Employer Liability Issues Non-Compete Agreements

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

12/24/2014 - Appeals Delivery Drivers Employee Definition Employer Liability Issues FedEx Independent Contractors Misclassification Wage and Hour

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

10/9/2014 - ADA Disability Disability Discrimination Employer Liability Issues

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

6/30/2014 - Audits Employer Liability Issues Hiring & Firing Performance Reviews

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

4/30/2014 - All-Party Consent Eavesdropping Employer Liability Issues Privacy Policy

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

2/3/2014 - Adverse Employment Action Discrimination Employer Liability Issues

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

1/17/2014 - Audits Compliance EEO Employer Liability Issues FMLA Harassment Mobile Devices Workplace Investigations

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

1/13/2014 - Concealed Carry Permit Concealed Weapons Drug Testing FICA Taxes Firearms Hospitality Industry Medical Marijuana Minimum Wage Posting Requirements Restaurant Industry Tips Wage and Hour Workplace Safety

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

12/9/2013 - Facebook NLRB Protected Concerted Activity Termination

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

11/18/2013 - Background Checks Criminal Background Checks Discrimination Disparate Impact EEOC Job Applicants

Goldman Sachs Ordered To Produce Broad Range Of Internal Complaints Regarding Compensation In Class Action Gender Discrimination...

The plaintiffs, former high-level female employees of Goldman Sachs who filed a putative class action in the United States District Court for the Southern District of New York, alleged class-wide gender discrimination and...more

11/5/2013 - Class Action Gender Discrimination Goldman Sachs Putative Class Actions Title VII

USDOL Announces Effective Date Of New Affirmative Action Requirements For Federal Contractors And Subcontractors

As reported in the September 4th edition of The Fast Laner, the U.S. Department of Labor ("DOL") issued new regulations regarding affirmative action requirements for federal contractors and subcontractors. ...more

10/2/2013 - Affirmative Action Contractors Disability DOL Hiring & Firing Military Service Members Subcontractors

Fifth Circuit Rules That Staffing Company Is Primarily Responsible For Ensuring Compliance With Temporary Employee's FMLA Rights

A recent court ruling by the federal Fifth Circuit Court of Appeals granted some protection to companies that hire temporary employees through a staffing agency. In the case, a temporary worker placed at a client site by a...more

9/23/2013 - Compliance FMLA Maternity Leave Temporary Employees

OFCCP Implements New Regulations, Requires Employers To Adopt Specific, Quantifiable Goals In Hiring Disabled And Military Veteran...

New regulations finalized by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), the agency tasked with overseeing entities’ affirmative action plans and obligations, mandate that federal...more

9/9/2013 - ADA Affirmative Action Disability Military Service Members New Regulations OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Federal District Court Orders The EEOC To Pay $4.7 Million Dollars For Bringing "Groundless" Class Claims

In a recent landmark decision, a federal court in Iowa ordered the EEOC to pay an employer nearly $4.7 million in attorneys' fees and costs incurred by an employer while defending itself against class action claims brought...more

8/22/2013 - Class Action EEOC Frivolous Lawsuits Harassment Sexual Harassment

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