Franczek Radelet P.C.

Legal Updates

About

Attorneys

Attorney	Latest Publications
Ellen Babbitt	Federal Court Determines That The Fair Housing Act Applies To University Housing In United States of America v. University of Nebraska at Kearney, et al., the United States District Court for the District of Nebraska granted partial summary judgment against the University of Nebraska at Kearny in a case…more ADA, Dogs, FHA, HUD, Students	See All Updates »
Kendra Berner	District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based on…more Due Process, First Amendment, Free Speech, Hiring & Firing, Teachers	See All Updates »
Brian P. Crowley	Public Access Counselor Holds That Straw Poll Violates The Open Meetings Act Recently, the Illinois Public Access Counselor rendered a binding opinion, holding that a committee violated the Open Meetings Act when it chose to recommend an individual to fill a vacancy on the committee and made that…more Open Meetings Act, Public Access Laws	See All Updates »
Ares Dalianis	Illinois County Clerk’s Official Property Tax Manual Provides Comprehensive Resource For The Levy And Extension Process The Illinois Association of County Clerks and Recorders recently released a comprehensive manual for the levying and extension of property taxes in Illinois. The 240-page manual addresses the entire range of property tax issues…more Handbooks, Levy, Tax Extensions	See All Updates »
Amy Kosanovich Dickerson	Recent PAC Rulings Find University And Park District In Violation Of Open Meetings Act In a recent decision, the Public Access Counselor (PAC) ruled that Western Illinois University Board of Trustees violated the Open Meetings Act (OMA) when it voted to terminate a faculty member in closed session. According to…more Fees, Hiring & Firing, Museums, Open Meetings Act, Termination	See All Updates »
Edward Druck	Non-Union Employer’s Mandatory Arbitration Provision Violates The NLRA The National Labor Relations Board (NLRB) continues with its trend of finding fault with employer policies, this time holding that a non-union company’s mandatory grievance and arbitration policy violated the National Labor…more Mandatory Arbitration Clauses, NLRA, NLRB, Non-Union	See All Updates »
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	See All Updates »
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	See All Updates »
Neil S. Goldsmith	President Obama Proposes Funding Increases For Labor And Employment Agencies In FY2014 Budget On April 10, President Obama unveiled his $3.78 trillion proposed budget for FY2014. The proposed budget included funding increases for several agencies charged with administering and enforcing the nation’s major labor and…more Barack Obama, DOL, EEOC, Federal Budget, FLSA	See All Updates »
Doug Hass	Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB Recess Appointments Unconstitutional In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National Labor…more Barack Obama, NLRB, Recess Appointments	See All Updates »
Christopher A. Johlie	Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB Recess Appointments Unconstitutional In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National Labor…more Barack Obama, NLRB, Recess Appointments	See All Updates »
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	See All Updates »
Darcy Kriha	Final Regulations Require One-Time Written Parental Consent To Access Public Benefits/Insurance Effective on March 18, 2013, the federal regulations governing parental consent to access public benefits or insurance (e.g., Medicaid) will change in a way that simplifies how school districts access public benefits and…more Medicaid, Notice Requirements, Parental Consent, Public Benefits	See All Updates »
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	See All Updates »
Andrew Malahowski	Monthly Benefits Update - April 2013 Health Care Reform: Guidance on Required Future Modifications to SBC, Other Issues - The Internal Revenue Service (IRS), Department of Labor (DOL), and Department of Health and Human Services (HHS) issued new guidance on…more Benefit Plan Sponsors, ERISA, Health Insurance, HHS, McCutchen v. U.S. Airways	See All Updates »
Lisa McGarrity	Timely Arrival At Work Not Always An Essential Job Function In a case involving a schizophrenic employee whose medication caused him to feel drowsy and sluggish in the morning, the Second Circuit Court of Appeals has ruled that on-time arrival at work is not always an essential job…more Disability Discrimination, Discrimination, Essential Functions, Punctuality, Reasonable Accommodation	See All Updates »
Josh Meeuwse	Non-Union Employer’s Mandatory Arbitration Provision Violates The NLRA The National Labor Relations Board (NLRB) continues with its trend of finding fault with employer policies, this time holding that a non-union company’s mandatory grievance and arbitration policy violated the National Labor…more Mandatory Arbitration Clauses, NLRA, NLRB, Non-Union	See All Updates »
Scott R. Metcalf	Illinois Department Of Labor Issues Guidance On Applicability Of Prevailing Wage Act To Landscaping Work Determining whether the Prevailing Wage Act applies to certain components of a public works project often requires a fact-specific analysis…more Department of Labor & Industry, Prevailing Wages	See All Updates »
Gwendolyn Morales	Modified Fair Credit Reporting Act Notices Will Be Required Effective January 1, 2013 The following is an important message for all employers that use credit reporting agencies to perform pre-employment background checks or other related investigations..…more Background Checks, CFPB, Credit Reporting Agencies, Credit Reports, FCRA	See All Updates »
Jeff Nowak	When An Employer Provides More Parental Leave To Mom Than Dad, Is This Gender Discrimination? I received a ton of feedback on last week's blog post, which discussed Yahoo's new parental leave policy and its FMLA implications. Much of the feedback related to Yahoo's decision to provide 16 weeks of paid maternity leave to…more FMLA, Gender Discrimination, Parental Leave, Yahoo!	See All Updates »
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	See All Updates »
Staci Ketay Rotman	Will Comp Time Become A Reality For The Private Sector? On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime…more FLSA, Non-Exempt Employees, Public Employees, Unpaid Overtime, Wage and Hour	See All Updates »
Daniel R. Salemi	Monthly Benefits Update - March 2013 Health Care Reform: Agencies Issue Proposed Regulations on 90-Day Waiting Period Limitation - On March 21, the IRS, DOL, and Department of Health and Human Services issued proposed regulations on the 90-day waiting period…more 401k, Affordable Care Act, Colleges, DOL, Employer Group Health Plans	See All Updates »
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	See All Updates »
Scott Warner	OCR Issues New Guidance Regarding Retaliation For the first time, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance this week in the form of a “Dear Colleague Letter” that specifically addresses retaliation. Like complaints filed with the…more Anti-Retaliation Provisions, Department of Education, OCR, Retaliation, Title VII	See All Updates »
Michael A. Warner Jr.	Employee Handbook May Create An Enforceable Obligation To Pay Overtime Under Illinois Law A federal court in the Northern District of Illinois recently ruled that language in an employee handbook providing that employees would be paid overtime when they worked more than 40 hours in a week potentially created an…more Employee Handbooks, Employment Contract, Over-Time	See All Updates »
Jackie Wernz	Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general…more Cell Phones, Fourth Amendment, Public Schools, Search & Seizure	See All Updates »
Ellen Wetmore	Federal Court Determines That The Fair Housing Act Applies To University Housing In United States of America v. University of Nebraska at Kearney, et al., the United States District Court for the District of Nebraska granted partial summary judgment against the University of Nebraska at Kearny in a case…more ADA, Dogs, FHA, HUD, Students	See All Updates »
Julie Heuberger Yura	Seventh Circuit Dismisses Terminated Principal’s First Amendment Rights Case In Julie McArdle v. Peoria School District No. 50, the Seventh Circuit upheld a lower court’s dismissal of a terminated school principal’s First Amendment and contract claims against a school district. The principal alleged she…more First Amendment, Hiring & Firing, Public Employees, School Principal, Termination	See All Updates »
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	See All Updates »
Amy Zdravecky	NLRB Overrules Longstanding Precedent, Provides Opportunity For Unions To Obtain Confidential Witness Statements Used In Internal Investigations Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its…more Confidential Documents, Internal Investigations, NLRB, Unfair Labor Practices, Unions	See All Updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.