Franczek Radelet P.C.

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Ellen Babbitt

Supreme Court Clarifies Title VII’s Definition Of “Supervisor” For Harassment Claims

On June 24, 2013, the United States Supreme Court decided Vance v. Ball State University, ruling that only those employees who have the authority to take “tangible employment actions” qualify as supervisors for purposes of…more

Harassment, SCOTUS, Supervisors, Title VII, Vance v. Ball State University

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Kendra Berner

Attorneys’ Fees Awarded To Charter School In IDEA Action

The District Court for the District of Columbia recently issued a decision awarding attorneys’ fees to a charter school (that operates as its own local education agency), finding that the parent’s attorney filed and continued to…more

Attorney's Fees, Charter Schools, IDEA

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Terrence Creamer

EEOC Posts Technical Assistance On Religious Dress And Grooming In The Workplace

Religious discrimination charges filed with the EEOC have increased over the years, rising to 3,721 private sector discrimination charges in fiscal year 2013. An EEOC religious discrimination charge resulted in the United States…more

Civil Rights Act, Discrimination, DOJ, Dress Codes, EEOC

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Brian P. Crowley

High School’s Decision To Bypass Municipal Zoning Process For Stadium Bleachers Ruled Unlawful

In Gurba v. Community H.S. Dist. 155, a McHenry County Circuit court judge ruled that a local high school district violated the law when it refused to subject itself to the local zoning process of its host municipality. Crystal…more

Local Ordinance, Municipalities, Public Schools, Variances

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Ares Dalianis

Continuing Care Retirement Community Denied Property Tax Exemption

The Illinois Appellate Court recently upheld the denial of a property tax exemption on both charitable and religious grounds for the Meridian Village continuing care retirement community (CCRC) in Glen Carbon. A CCRC provides a…more

Exempt Organizations, Nursing Homes, Property Tax, Tax Exemptions

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Amy Kosanovich Dickerson

U.S. Department Of Education Releases Guidance On Protecting Student Information While Using Online Educational Services

Last month, the U.S. Department of Education released guidance on the proper use, storage and security of student data being generated by new online educational resources. Published by the Department’s new Privacy Technical…more

Department of Education, FERPA, Right to Privacy, Students

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Edward Druck

Federal Contractors: Overhauled OFCCP Regulations On Employment Obligations To Veterans And Individuals With Disabilities

Starting March 24, 2014, the Office of Federal Contract Compliance Programs (OFCCP) will begin enforcing two regulations that amend the obligations of federal contractors to employees and applicants who are protected veterans or…more

Affirmative Action, Disability, Federal Contractors, OFCCP, Veterans

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Jennifer Dunn

President Obama Announces Three Nominees To NLRB

Today President Obama announced his intent to nominate current Chairman Mark Gaston Pearce and management-side labor and employment attorneys Harry I. Johnson, III and Philip A. Miscimarra to the National Labor Relations Board…more

Barack Obama, NLRB, Nominations

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J. Todd Faulkner

Effective January 1, 2014: Amendments To Tenure, RIF And Impasse Bargaining Provisions Of Senate Bill 7

On January 1, 2014, legislative changes made by Public Act 98-0513 (Act) to the tenure, layoff and impasse bargaining process originally set out in Senate Bill 7 will go into effect. - Tenure Portability. The Act amends…more

Collective Bargaining, Layoffs, Public Schools, Teachers, Tenure

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Amy Moor Gaylord

The NLRB’s Year In Numbers: FY 2012

The National Labor Relations Board (NLRB) recently released its casehandling summary for fiscal year 2012, which ended September 30, 2012. Given the NLRB’s recent penchant for overturning precedent and making a lot of waves in…more

NLRB

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Neil S. Goldsmith

NYU Agrees To Recognize Graduate Student Organizing Rights

As we reported last year, the fight over graduate student organizing rights has taken yet another tumultuous turn at the National Labor Relations Board. The Board has changed its position twice in recent years on the issue of…more

NLRA, Students, Unions, Universities

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Doug Hass

Meet Illinois’ Newest Power Couple: NLRB Region 13 And Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict Default Judgment Language, Gives Regions More Discretion

The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung Ohr,…more

Default Judgment, DOL, Memorandum of Understanding, NLRA, NLRB

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Trevor Holmes

Monthly Benefits Update

As expected, the Department of the Treasury and the IRS (the “Agencies”) finalized the employer information reporting requirements under the Affordable Care Act (the “ACA”) earlier this month. The final rules, which are designed…more

Affordable Care Act, CMS, Employee Benefits, ERISA, FICA Taxes

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Christopher A. Johlie

NLRB Bails On Notice Posting Rule; May Reconsider “Quickie Election” Rule?

Earlier this week, the National Labor Relations Board issued a statement that it would no longer pursue its appeal of two federal court decisions striking down its “notice posting” rule. …more

Employee Rights, NLRA, NLRB, Notice Requirements, Posting Requirements

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David Johnson

NLRB Asserts Jurisdiction Over Chicago Nonprofit Corporation That Operates Charter School

In a 3-1 decision in Chicago Mathematics & Science Academy Charter School, Inc. and Chicago Alliance of Charter Teachers & Staff, IFT, AFT, AFL-CIO, the National Labor Relations Board (NLRB) asserted jurisdiction over a private,…more

Charter Schools, Jurisdiction, NLRA, NLRB

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Laura Knittle

Illinois Appellate Court: School District Not Immune From Liability For Student Fall In “Cafetorium”

The Illinois Appellate Court recently determined that the fact that a school’s “Cafetorium” was used for parties and ceremonies for sports teams and school band, chorus, and drama program performances did not make the property…more

Governmental Employees Tort Immunity Act, Recreation, School Districts, Slip and Fall

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Darcy Kriha

School Health Records Q&A

Comprehensive guidance on the topic of school health records can be found in Questions & Answers Regarding School Health Record Issues - May 2013…more

Medical Records, Public Schools, Students

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Peter Land

Supreme Court Hears Argument In Case Asking, “Who Qualifies As A Supervisor?”

The United States Supreme Court recently held oral arguments in Vance v. Ball State University, a case which has the potential to drastically expand who qualifies as a “supervisor” for purposes of Title VII harassment suits…more

Supervisors, Title VII

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Andrew Malahowski

Illinois General Assembly Passes Pension Reform Bill

Both chambers of the Illinois General Assembly adopted the Conference Committee Report to Senate Bill 1 on December 3, 2013. The bill provides comprehensive pension reform for four state retirement systems – the Teachers’…more

Employee Benefits, Pensions, Retirement Plan

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Lindsey Marcus

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations…more

ADEA, Affirmative Action, Ballot Measures, Canning v NLRB, Collective Bargaining

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Lisa McGarrity

NLRB Rules That Scholarship Football Players At Northwestern University Are “Employees” Under The National Labor Relations Act With Right To Unionize; Northwestern Will Appeal

Earlier this week, NLRB Regional Director for Region 13, Peter Sung Ohr, issued a highly publicized decision and ruled that grant-in-aid scholarship football players at Northwestern University are “employees” under the National…more

College Athletes, NLRB, Unions

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Josh Meeuwse

Continued Employment Is Not Sufficient Consideration For Restrictive Covenants Unless The Employee Remains Employed For At Least Two Years

In Illinois, it has long been recognized that a restrictive covenant in employment is enforceable so long as the employee engages in "substantial continued employment" after the employee signs the agreement…more

Continued Employment Doctrine, Discrimination, Employment Contract, Restrictive Covenants

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Scott R. Metcalf

Continuing Care Retirement Community Denied Property Tax Exemption

The Illinois Appellate Court recently upheld the denial of a property tax exemption on both charitable and religious grounds for the Meridian Village continuing care retirement community (CCRC) in Glen Carbon. A CCRC provides a…more

Exempt Organizations, Nursing Homes, Property Tax, Tax Exemptions

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Gwendolyn Morales

Illinois Senate To Consider A Bill Providing New Protections For Pregnant Employees

Last week, the Illinois House of Representatives approved a bill to strengthen protections for pregnant employees in the workplace. HB 8, introduced by Rep. Mary Flowers (D-Chicago) and supported by Governor Pat Quinn, would…more

Employee Rights, Employer Mandates, Pregnancy Discrimination, Reasonable Accommodation

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Jeff Nowak

FMLA FAQ: Can An Employer Force An Employee On FMLA Leave When The Employee Wants To Continue To Work?

Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating. The problem is — it’s not true…more

FMLA, Mental Health, Sick Leave

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William Pokorny

Illinois Supreme Court Lets Controversial Non-Competition Case Stand

In July 2013, we reported on the First District Appellate Court’s ruling in Fifield et al. v. Premier Dealer Services, Inc., in which the court upended Illinois law regarding what consideration is needed to create an enforceable…more

At-Will Employment, Non-Compete Agreements

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Thomas Posey

Swimming Pool Violations Resulting In Big Fines For Hotels

The Illinois Swimming Facility Code and accompanying regulations contain requirements on virtually every aspect of swimming pool operation and maintenance. The Illinois Department of Public Health (IDPH) enforces these…more

Hotels, Penalties, Swimming Pools

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Staci Ketay Rotman

Supreme Court 2013-2014 Term

In the 2013 – 2014 Supreme Court term, the Court will hear and decide a number of cases affecting employers, including one FLSA case…more

Doffing, Donning, FLSA, Sandifer v U.S. Steel Corp, SCOTUS

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Daniel R. Salemi

IRS Issues Final Affordable Care Act “Pay Or Play” Regulations

On Monday, the IRS issued final regulations regarding the implementation of the employer shared responsibility provisions under the Affordable Care Act (the ACA), otherwise known as the “pay or play” rules. The final regulations…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Sally Scott

The Issue Of Accommodating Pregnant Employees May Reach The Supreme Court

Signaling that it is considering taking up the issue of what accommodations employers must provide for pregnant employees, the Supreme Court last month requested the Solicitor General’s opinion as to whether to accept the case…more

Civil Rights Act, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation, Title VII

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Hrishi Shah

IRS Clarifies Position On Substantial Risk Of Forfeiture In Final Section 83 Rules

The IRS issued final regulations regarding the definition of “substantial risk of forfeiture” under Code Section 83. These regulations have a particular impact on the timing of taxation of employer transfers of stock and other…more

Equity Compensation, Forfeiture, IRC Section 83(b), IRS, Stocks

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Veronica Silva

Monthly Benefits Update - September 2013

Health & Welfare Plans - Health Care Reform: FAQ Part XVI Addresses Insurance Exchange Notice and 90-Day Waiting Period Requirement. The Treasury, the Department of Labor and the Department of Health and Human…more

Affordable Care Act, Business Associates, DOL, DOMA, ERISA

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Jennifer Smith

Swimming Pool Violations Resulting In Big Fines For Hotels

The Illinois Swimming Facility Code and accompanying regulations contain requirements on virtually every aspect of swimming pool operation and maintenance. The Illinois Department of Public Health (IDPH) enforces these…more

Hotels, Penalties, Swimming Pools

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Sunghee Sohn

Q&A: Executive Order Increasing Minimum Wage For Federal Contractors

On February 12, 2014, President Obama increased the minimum wage for federal contractors and subcontractors by an Executive Order to $10.10 per hour. This announcement comes on the heels of 13 states and 4 cities that also…more

Executive Orders, Federal Contractors, Minimum Wage

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Scott Warner

President Obama Announces White House Task Force On Protecting Students From Sexual Assault

On January 22, 2014, President Obama announced the creation of a White House Task Force on Protecting Students from Sexual Assault (Task Force). The President’s announcement was accompanied by a report issued by the White House…more

Colleges, OCR, Sexual Assault, Students, Title IX

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Michael A. Warner Jr.

EEOC Continues Its Aggressive Stance Against Severance Agreements

Last Friday, the Equal Employment Opportunity Commission filed suit against CVS Pharmacy in the Northern District of Illinois alleging that standard separation agreements used by CVS unlawfully deter employees, who sign these…more

Compliance, CVS, EEOC, Employer Liability Issues, Investigations

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David Weldon

Meet Illinois’ Newest Power Couple: NLRB Region 13 And Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict Default Judgment Language, Gives Regions More Discretion

The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung Ohr,…more

Default Judgment, DOL, Memorandum of Understanding, NLRA, NLRB

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Jackie Wernz

Illinois Appellate Court: School District Not Immune From Liability For Student Fall In “Cafetorium”

The Illinois Appellate Court recently determined that the fact that a school’s “Cafetorium” was used for parties and ceremonies for sports teams and school band, chorus, and drama program performances did not make the property…more

Governmental Employees Tort Immunity Act, Recreation, School Districts, Slip and Fall

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Ellen Wetmore

President Obama Announces White House Task Force On Protecting Students From Sexual Assault

On January 22, 2014, President Obama announced the creation of a White House Task Force on Protecting Students from Sexual Assault (Task Force). The President’s announcement was accompanied by a report issued by the White House…more

Colleges, OCR, Sexual Assault, Students, Title IX

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Patricia Whitten

U.S. Supreme Court Directs Fifth Circuit To Reevaluate University Of Texas Admissions Process Using “Correct” Strict Scrutiny Test

In a 7-1 decision (in which Justice Elena Kagan did not participate), the U.S. Supreme Court ruled in Fisher v. University of Texas at Austin that the U.S. Court of Appeals for the Fifth Circuit applied the incorrect strict…more

Affirmative Action, College Admissions, Diversity, Fisher v University of Texas, SCOTUS

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Mark Wilkinson

Supreme Court Says No Need To Pay Union Employees For Certain Protective Gear Dressing If Bargaining Agreement Excludes It

In Sandifer v. U.S. Steel Corp., the U.S. Supreme Court held that the FLSA does not require unionized employers to compensate employees for time spent putting on and taking off certain protective clothing if they have a…more

Collective Bargaining, Protective Gear, Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Julie Heuberger Yura

Louisiana Supreme Court Declares School's Voucher Program Unconstitutional Due To Program's Funding Structure

This month, the Louisiana Supreme Court ruled in favor of a number of parents and teachers’ unions in Louisiana Fed of Teachers, et al. v. State of Louisiana et al.; 2013-CA-0120 C/W, 2013-CA-0232, 2013-CA-0350, when it struck…more

Public Schools, School Vouchers, State Funding

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Abizer Zanzi

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers…more

ADA, Coca Cola, Employee Rights, Fitness for Duty Exams, Medical Examinations

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Amy Zdravecky

Illinois’ New Firearm Concealed Carry Law Impacts the Workplace

The Illinois state legislature held a special session last week to override Illinois Governor Pat Quinn’s recent veto of the Firearm Concealed Carry Act, enacting the bill into law…more

Concealed Carry Permit, Concealed Weapons, Employer No-Weapons Policies, Gun Laws, Workplace Hazards

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