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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EEOC Files Two Lawsuits Challenging Sexual Orientation Discrimination in the Workplace

On March 1st, the Equal Employment Opportunity Commission (“EEOC”) announced that it had filed two separate lawsuits alleging employment discrimination based on sexual orientation. For the first time in its own lawsuit, the…more

Best Practices, EEOC, Employer Liability Issues, Employment Discrimination, LGBT

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Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s…more

Confidential Information, Disciplinary Proceedings, Exemptions, FOIA, Internal Investigations

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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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Illinois Supreme Court Vacates 2% Wage Increase for State Employees

Last week, the Illinois Supreme Court vacated an arbitration award requiring the State to pay a 2% wage increase to certain state employees who are represented by the American Federation of State, County and Municipal Employees,…more

Arbitration Awards, Collective Bargaining, Concession Agreements, IL Supreme Court, State Employees

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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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Public Employer May Not Retaliate Against Employee Based on Perception that He Engaged in Political Activity

On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was…more

Demotions, First Amendment, Free Speech, Heffernan v City of Paterson, Political Expression

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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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Uber Willing to Pay $100 Million to Keep Its Drivers Classified as Independent Contractors

Recently, Uber announced that it agreed to pay drivers in California and Massachusetts $100 million in an effort to ensure that the drivers are considered independent contractors, not employees. In just six years, Uber has…more

Employee Definition, Independent Contractors, Misclassification, Settlement Agreements, Sharing Economy

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The Eighth Circuit Upholds Specialty Healthcare

Last week, the U.S. Court of Appeals for the Eighth Circuit upheld the National Labor Relations Board’s Specialty Healthcare framework for determining whether a union’s petitioned-for bargaining unit is appropriate. Under this…more

Bargaining Units, Corporate Counsel, Employee Rights, FedEx, NLRA

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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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Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s…more

Confidential Information, Disciplinary Proceedings, Exemptions, FOIA, Internal Investigations

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U.S. Department of Labor Issues Final Rule Redefining ERISA’s Definition of “Fiduciary” for Certain Types of Investment Advice

On April 6th, the U.S. Department of Labor (DOL) released a final rule (the “Fiduciary Rule”) that expands the types of retirement investment advice that will be subject to the fiduciary duty rules of the Employee Retirement…more

Benefit Plan Sponsors, Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Duty

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Department of Labor Publishes Long-Awaited “Persuader” Final Rule

On March 24, the Department of Labor published its long-awaited revisions to its regulations regarding the “persuader” reporting requirement under Section 203 of the Labor Management Reporting and Disclosure Act (LMRDA). As we…more

Attorney-Client Privilege, Collective Bargaining, DOL, Final Rules, LMRDA

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Supreme Court Upholds The Constitutionality of Public Sector Union “Fair Share Fees”

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public…more

Fair Share Law, Friedrichs v CA Teachers Association, Opt-Outs, Public Employees, SCOTUS

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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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New Affordable Care Act FAQs Released on Rescissions of Coverage, Preventive Care Mandate, Out-of-Network Emergency Service Coverage, and Mental Health Parity

The U.S. Department of Labor, the Department of Health and Human Services, and the Department of the Treasury (collectively, the “Departments”) have jointly issued a new set of answers to frequently asked questions about the…more

Affordable Care Act, DOL, Emergency Rooms, Employer Group Health Plans, Employer Mandates

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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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Public Employer May Not Retaliate Against Employee Based on Perception that He Engaged in Political Activity

On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was…more

Demotions, First Amendment, Free Speech, Heffernan v City of Paterson, Political Expression

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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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DOL Requires Employers to Use New FMLA Poster, Publishes Guide to Help Employers Administer FMLA

Earlier today, the Department of Labor announced that it soon will require employers across the country to post a new DOL general FMLA Notice in their workplaces.  In issuing this new directive, the agency also unveiled a new…more

DOL, FMLA, New Guidance, Posting Requirements

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Have You Trained Your Supervisors on Wage & Hour Compliance?

When sexual harassment lawsuits started becoming a major liability issue for employers, many employers sensibly responded by requiring their supervisory employees to go through mandatory anti-harassment training. There is at…more

Anti-Harassment Policies, EEOC, Employment Policies, Minimum Wage, Sexual Harassment

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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 Upholds $5.8 Million Judgment Based on Statistical Analysis

On Tuesday, March 22, 2016, the United States Supreme Court affirmed a $5.8 million dollar judgment against Tyson Foods Inc. in a class and collective action filed by workers claiming uncompensated time donning and doffing…more

Admissible Evidence, Calculation of Damages, Class Action, Class Certification, Doffing

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U.S. Department of Labor Issues Final Rule Redefining ERISA’s Definition of “Fiduciary” for Certain Types of Investment Advice

On April 6th, the U.S. Department of Labor (DOL) released a final rule (the “Fiduciary Rule”) that expands the types of retirement investment advice that will be subject to the fiduciary duty rules of the Employee Retirement…more

Benefit Plan Sponsors, Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Duty

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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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Important Development in Dave & Buster’s Lawsuit Regarding Whether Cutting Employee Work Hours Violates ERISA

In a case of first impression that is being closely watched by plaintiffs’ attorneys and large employers alike, a federal judge recently ruled against a motion brought by Dave & Buster’s, the restaurant chain, to dismiss a…more

Affordable Care Act, Class Action, Dave & Buster's, Employee Benefits, Employer Mandates

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Breaking News: DHS Publishes New STEM OPT Rule with effective date of May 10, 2016

On March 10, 2016, the Department of Homeland Security published the new STEM Optional Practical Training (“OPT”) final rule in the Federal Register. The effective date of this new final rule is May 10, 2016, the date that the…more

DHS, E-Verify, Foreign Students, Form F-1, H-1B

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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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First Federal Appeals Court Rules that Title IX Applies in Transgender Bathroom Case

Yesterday, in a landmark ruling, a federal appellate court decided that under Title IX a transgender student can challenge a school board policy that limits bathroom and locker room access based on biological sex. The United…more

Educational Institutions, OCR, Right of Access, Sexual Orientation Discrimination, Students

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Supreme Court Upholds The Constitutionality of Public Sector Union “Fair Share Fees”

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public…more

Fair Share Law, Friedrichs v CA Teachers Association, Opt-Outs, Public Employees, SCOTUS

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Department of Labor Publishes Long-Awaited “Persuader” Final Rule

On March 24, the Department of Labor published its long-awaited revisions to its regulations regarding the “persuader” reporting requirement under Section 203 of the Labor Management Reporting and Disclosure Act (LMRDA). As we…more

Attorney-Client Privilege, Collective Bargaining, DOL, Final Rules, LMRDA

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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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Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This…more

Appeals, Arbitration, Arbitration Awards, Deflategate, Football

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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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Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s…more

Confidential Information, Disciplinary Proceedings, Exemptions, FOIA, Internal Investigations

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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 More Guidance on ESSA

The U.S. Department of Education (“ED”) recently issued a second Dear Colleague Letter interpreting the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA”) and…more

Dear Colleague Letter, Department of Education, ESEA, IDEA, No Child Left Behind

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First Federal Appeals Court Rules that Title IX Applies in Transgender Bathroom Case

Yesterday, in a landmark ruling, a federal appellate court decided that under Title IX a transgender student can challenge a school board policy that limits bathroom and locker room access based on biological sex. The United…more

Educational Institutions, OCR, Right of Access, Sexual Orientation Discrimination, Students

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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

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.

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