Franczek Radelet P.C.

Franczek Radelet Works with ISBE to Clarify School Code

Over the past several months, our firm has received many calls from concerned school district clients regarding a particular provision of the Illinois School Code. Franczek Radelet utilized its relationship with stakeholders at…more

Colleges, Educational Institutions, Employer Mandates, Hiring & Firing, ISBE

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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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Illinois Supreme Court Says School District’s Subject to Municipal Zoning

On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must…more

Amicus Briefs, Construction Industry, Construction Project, Educational Institutions, IASB

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Circuit Court Finds Stay Put Does Not Apply to Unilateral Placement

The Individuals with Disabilities Education Act (IDEA) provides that during the pendency of a dispute, a student must remain in his/her “then-current educational placement”; this is known as stay put. The IDEA does not, however,…more

Board of Education, IDEA, Private Schools, Public Schools, Students

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Governor Signs Bill Calling for Greater Protections for Pregnant Employees

House Bill 8, now Public Act 098-1050, was recently signed by Governor Pat Quinn. As we reported in June of this year, the resulting amendments to the Illinois Human Rights Act expand upon the anti-discrimination protections…more

Discrimination, Employee Rights, Pregnancy, Pregnancy Discrimination

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Appellate Court Affirms Circuit Court Reversal of PAC Opinion on OMA Violation

Last year, an Illinois Circuit Court overturned a Public Access Counselor opinion that found that the Board of Education of Springfield School District No. 186 violated the Open Meetings Act when it voted on the separation…more

Open Meetings Act, Public Access Laws, School Districts, Separation Agreement

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Definition of “Deliberate and Willful” Misconduct Under the Illinois Unemployment Insurance Act Revised and Expanded

Governor Rauner recently signed legislation that revised and expanded the definition of “deliberate and willful” misconduct under the Illinois Unemployment Insurance Act (820 ILCS 405/602). Under the prior definition, the…more

Hiring & Firing, New Legislation, Unemployment Insurance, Willful Misconduct

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2016 Property Tax Levies Will Be Limited by CPI-U factor of 0.7%

Wednesday, the U.S. Bureau of Labor Statistics released the Consumer Price Index for All Urban Consumers (CPI-U) that will be used in the Property Tax Extension Limitation Law (PTELL) limiting rate calculations for 2016 property…more

Consumer Price Index, Property Tax, School Districts

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Rauner Administration Declares Impasse, Seeks Ruling from the Illinois Labor Relations Board

Last week, Governor Bruce Rauner broke off contract negotiations with AFSCME Council 31, the union that represents nearly 40,000 state workers, and will seek a declaration from the Illinois Labor Relations Board (“the Board”)…more

Collective Bargaining Agreements (CBA), Contract Negotiations, Tolling Agreement, Unions

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Seventh Circuit Finds School District Not Liable in Bullying Case

The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to…more

Appeals, Bullying, Due Process, Educational Institutions, Harassment

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ADA Suit Not Precluded By State Agency Decision

A district court improperly granted summary judgment to an employer defending against a claim of disability discrimination where the district court relied too heavily on the state agency’s finding that an employee failed to…more

Appeals, Disability, Disability Discrimination, Discrimination, Physical Work Test

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Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation

When the Chicago Board of Education refused to arbitrate grievances concerning its “do not hire” policy, it did not violate the Illinois Educational Labor Relations Act according to the Illinois Supreme Court. This case arises…more

Arbitration, Board of Education, Grievance Process, Hiring & Firing, IL Supreme Court

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IIllinois Legislature Grants Recall Rights to “Grouping 2” Teachers with One Needs Improvement Evaluation Rating

On June 13, 2014, the Governor signed House Bill 5546 expanding the recall provisions of Senate Bill 7. The new legislation is effective July 1, 2014 and extends limited recall rights to honorably dismissed (“RIFed”) teachers in…more

Education Reform, Hiring & Firing, New Legislation, Performance Reviews, Teachers

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The NLRB’s New Target: FLSA Settlement Agreements

The National Labor Relations Board (“NLRB” or the “Board”) has once again weighed in on employer use of confidentiality and non-disparagement language, this time in the settlement arena. Recently, the NLRB withheld its approval…more

Confidentiality Agreements, Corporate Counsel, FLSA, NLRB, Non-Disparagement Provisions

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A Break From The Trend? NLRB Regional Director Finds Carroll College Exempt From Board Jurisdiction Under Pacific Lutheran

Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the Board…more

Corporate Counsel, Educational Institutions, Jurisdiction, NLRB, Pacific Lutheran University

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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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PAC Finds FOIA Predecisional Exemption Does Not Apply to Training Materials on Final Policy

Recently, the Attorney General issued a binding opinion finding that the Governor’s Office of Management and Budget (GOMB) violated the Freedom of Information Act (FOIA) by withholding a PowerPoint presentation used as training…more

Enforcement Actions, PACs, Policy Violations

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U.S. Supreme Court Clarifies the Scope of ERISA Fiduciary Obligations in Recent Stock Drop Decision

In recent years, plaintiffs’ lawyers have brought numerous ERISA breach of fiduciary duty lawsuits against employers that offer employer stock funds in their 401(k) plans. These lawsuits are typically brought on behalf of plan…more

401k, Amgen, Duty of Prudence, Employee Benefits, ERISA

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A Break From The Trend? NLRB Regional Director Finds Carroll College Exempt From Board Jurisdiction Under Pacific Lutheran

Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the Board…more

Corporate Counsel, Educational Institutions, Jurisdiction, NLRB, Pacific Lutheran University

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Illinois Supreme Court Rules Pension Reform Unconstitutional

On Friday, the Illinois Supreme Court ruled that pension reform legislation passed in 2013, commonly referred to as Senate Bill 1, violates the pension protection clause of the Illinois Constitution. The Court upheld a previous…more

COLA, General Assembly, Pension Reform, Pensions, Popular

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Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the…more

Educational Institutions, Governmental Employees Tort Immunity Act, School Districts, Statute of Limitations, Students

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IRS Issues Proposed Rules on Normal Retirement Age for Governmental Plans

The Internal Revenue Service (IRS) has issued proposed regulations relating to the definition of normal retirement age for governmental retirement plans. In 2007, the IRS issued regulations regarding normal retirement age for…more

Comment Period, IRS, Proposed Regulation, Public Employees, Retirement Plan

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Measles Outbreak in Illinois

The current measles cluster in the Chicago area has school districts on heightened alert. Following is a short summary of preventative steps and guidance issued by the Illinois Department of Public Health. This alert is intended…more

Department of Health, Healthcare, Public Schools, School Districts

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New STEM OPT Extension Rules to Extend the Program Have Been Proposed

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals graduating…more

Administrative Procedure Act, Corporate Counsel, DHS, Educational Institutions, Engineering

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NLRB Poised to Reconsider Brown After Granting Review of UAW’s Petition to Organize Graduate Students at The New School

In what some are characterizing as a final effort to shape the landscape of unionization at private colleges and universities during the Obama administration, the NLRB granted the United Auto Workers’ request to review an NLRB’s…more

Brown University, Colleges, Educational Institutions, NLRA, NLRB

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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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Relying on the Supreme Court’s Ruling in Mach Mining, Illinois Court Holds that the Sufficiency of an EEOC Investigation is not Judicially Reviewable

As we have previously reported, the U.S. Supreme Court held earlier this year in EEOC v. Mach Mining, 135 S.Ct. 1645 (2015) that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has…more

AutoZone, Conciliation, EEOC, Employment Discrimination, Mach Mining v EEOC

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“Sugar Bear” Unleashed: Employee with Emotional Disabilities May Be Entitled to Bring Comfort Animal to Work

A federal district court in Hawaii has ruled that the branch manager of a rental car company may have been discriminated against on the basis of his depression and adjustment disorder disabilities when he was terminated for an…more

Assistive Animals, Corporate Counsel, Disability, Reasonable Accommodation

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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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2016 Property Tax Levies Will Be Limited by CPI-U factor of 0.7%

Wednesday, the U.S. Bureau of Labor Statistics released the Consumer Price Index for All Urban Consumers (CPI-U) that will be used in the Property Tax Extension Limitation Law (PTELL) limiting rate calculations for 2016 property…more

Consumer Price Index, Property Tax, School Districts

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DIRECTV v. Imburgia

Last week, in DIRECTV v. Imburgia, the United States Supreme Court issued a decision once again re-affirming the strong federal policy in favor of arbitration. At issue in this case was a service agreement entered into…more

Arbitration Agreements, Class Action Arbitration Waivers, DirecTV v Imburgia, Federal Arbitration Act, Preemption

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Use The "Rolling" Method to Calculate FMLA Leave! This Employer Learned the Hard Way

Every once in awhile, I find myself counseling an employer with either no FMLA policy or one completely lacking in any meaningful details. Often, these policies fail to include key provisions to protect against liability…more

Department of Corrections, Employee Benefits, Employment Policies, FMLA, Wage and Hour

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New FLSA Exemption Rules - Coming In July?

Over the last few months we've been asked on an almost daily basis when the DOL will be publishing its hotly anticipated white collar exemption rules. The short answer is still, we don't know. A few months ago, the word was…more

DOL, FLSA, Minimum Salary, Public Comment, Unpaid Overtime

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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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A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning, Harris,…more

Affordable Care Act, Barack Obama, Burwell v Hobby Lobby, Canning v NLRB, Collective Bargaining

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Illinois Appellate Court Decisions Addresses Important Student Discipline and Employment Issues for Public Schools

Earlier this month, the Illinois Appellate Court (First District) issued an opinion addressing a number of important student discipline and executive employment issues. Because the Appellate Court agreed with the trial court on…more

Discipline, Educational Institutions, Employment Contract, Hiring & Firing, Motion for Reconsideration

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Supreme Court Reverses the Sixth Circuit’s Yard-Man Presumption

For the past quarter century, because of conflicting legal authority, employers who offer health care to their retirees, particularly in a unionized setting, have struggled to determine whether they can alter those benefits. In…more

CBAs, Employer Group Health Plans, Employer Healthcare Costs, Health Insurance, M&G Polymers v Tackett

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Supreme Court Agrees to Hear Service Advisor OT Pay Split

As we reported back in October 2015 a car dealership, Encino Motorcars, petitioned the Supreme Court to “restore uniformity” to the enforcement of legal precedent and hold that service advisors are exempt from the FLSA’s…more

Car Dealerships, DOL, FLSA, SCOTUS, Service Advisors

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ACA’s “Cadillac Tax” Delayed for Two Years to 2020

Last week, Congress approved a provision in an omnibus spending/budget bill that will delay for two years the Affordable Care Act’s “Cadillac tax,” the controversial 40% tax on high value health coverage. The tax, described in…more

Affordable Care Act, Cadillac Tax, Health Insurance, Popular, Tax Deductions

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Continuing to Withstand Attack: Indiana Supreme Court Unanimously Upholds Indiana’s Right to Work Law

Last month, the Indiana Supreme Court unanimously upheld the Indiana Right to Work Law, rejecting a union’s claim that the state statute violates the Indiana Constitution. The Indiana Supreme Court’s decision comes roughly two…more

Hiring & Firing, Right to Work, Unions

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IRS Proposes Permanent Nondiscrimination/Coverage Relief for Closed Pension Plans

The Internal Revenue Service (IRS) has issued proposed regulations that would provide permanent relief from certain coverage and nondiscrimination testing requirements to defined benefit plans that are closed to new…more

Defined Benefit Plans, Employee Benefits, Grandfathered Status, IRS, Non-Discrimination Rules

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DHS is granted an extension of existing STEM OPT rule through May 12, 2016

To the relief of thousands of foreign nationals and many U.S. businesses and higher education institutions, on January 23, 2016, the federal district court in Washington D.C. presiding over Washington Alliance of Technology…more

Corporate Counsel, DHS, Foreign Nationals, Foreign Students, OPT

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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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Governor Quinn Signs New Eavesdropping Law

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014. After…more

Amended Legislation, Audio Recording, Eavesdropping, Educational Institutions, Employer Liability Issues

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NLRB Continues to Tweak its Election Procedures; Announces New “Captive Audience” Rule in Mail Ballot Cases

The National Labor Relations Board conducts representation elections by manual voting, where voters cast their ballots in a voting booth, by mail voting, where voters mail their ballots to an NLRB regional office, or a…more

Corporate Counsel, Election Laws, NLRB

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Workplace Enforcement Update: New Self-Audit Guidance and a New I-9 form on its Way

This Workplace Enforcement Update covers two significant developments, namely new I-9 self-audit guidance published jointly by the Department of Homeland Security (“DHS”) and Department of Justice (“DOJ”) and the status of a new…more

Audits, DOJ, E-Verify, I-9, New Guidance

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Are Outsourcing Arrangements a New Vehicle for Alleging Employment Discrimination?

Recent events have resulted in greater scrutiny of arrangements involving the outsourcing of certain business functions by U.S. employers, particularly where such arrangements involve foreign workers on visas in the United…more

Corporate Counsel, Disney, Disparate Impact, Employment Discrimination, H-1B

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Supreme Court Rejects One Strategy for Defeating Class and Collective Actions

In recent years, one tactic for attempting to defeat wage and hour class and collective action lawsuits class action lawsuits has been to offer the named plaintiffs full relief for their individual claims in the case. Even if…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Mootness, Rule 68

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Persistence Pays Off: Federal Appeals Court Rejects NLRB’s Bid for Enforcement of Employer Bargaining Order

Last week, in Ozark Auto. Distribs., Inc. v. NLRB, the D.C. Circuit rejected the National Labor Relations Board’s attempt to enforce a bargaining order against an employer who had refused to bargain with a newly certified union…more

Appeals, Auto Parts, Automotive Industry, Collective Bargaining, NLRB

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PAC Finds FOIA Predecisional Exemption Does Not Apply to Training Materials on Final Policy

Recently, the Attorney General issued a binding opinion finding that the Governor’s Office of Management and Budget (GOMB) violated the Freedom of Information Act (FOIA) by withholding a PowerPoint presentation used as training…more

Enforcement Actions, PACs, Policy Violations

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White House Task Force Publishes Sample Law Enforcement MOU for Sexual Assault Cases

On January 26, 2015, the White House Task Force to Protect Students from Sexual Assault (Task Force) published new guidance on building partnerships between law enforcement agencies and institutions of higher education. Included…more

Colleges, Educational Institutions, FERPA, Law Enforcement, Memorandum of Understanding

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U.S. Department of Education Issues Dear Colleague Letter on the ESSA

As we previously reported, on December 10, 2015, President Obama signed into law the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA” or “NCLB”). On December 18,…more

Assessment, Dear Colleague Letter, Educational Institutions, ESEA, School Districts

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Governor Quinn Signs New Eavesdropping Law

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014. After…more

Amended Legislation, Audio Recording, Eavesdropping, Educational Institutions, Employer Liability Issues

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Court Dismisses EEOC’s Controversial Severance Agreement Lawsuit

As we reported in February 2014, the U.S. Equal Employment Opportunity Commission sued CVS Pharmacy in federal court in Chicago on a novel theory that the company’s standard separation agreement unlawfully deterred departing…more

Corporate Counsel, CVS, EEOC, Employer Liability Issues, Severance Agreements

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Revised Illinois Special Education Regulations Go into Effect

The Illinois regulations related to special education were recently revised, effective January 13, 2016. Many of the changes clarify language or remove provisions specifically applicable to prior years. Additionally, references…more

Charter Schools, Educational Institutions, Policies and Procedures, School Districts, Special Education

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DOJ and DOE Warning: School Enrollment Practices Must Not Discourage Enrollment of Immigrant Students

According to the U.S. Departments of Justice and Education, U.S. school districts are discouraging student enrollment based on their parents’ illegal immigrant status. The Departments issued guidance, a frequently asked…more

Citizenship, Citizenship Status Discrimination, Department of Education, DOJ, Final Guidance

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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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U.S. Supreme Court Unanimously Finds NLRB Recess Appointments Unconstitutional

As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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Contact

300 S. Wacker Drive Suite 3400
Chicago, Illinois 60606, United States

  • 312.986.0300

Areas of Practice
  • Education
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Illinois
Number of Attorneys

50-100 Attorneys

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