Franczek Radelet P.C.

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

  • 312.986.0300

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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OCR Issues Guidance Reminding Charter Schools of Application of Federal Civil Rights Laws

The U.S. Department of Education’s Office for Civil Rights (OCR) is responsible for enforcing Title VI of the Civil Rights Act (prohibiting discrimination based on race, color, or national origin), Title IX of the Civil Rights…more

Anti-Discrimination Policies, Charter Schools, Department of Education, Disabilities Education Act, Disabled Children

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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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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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Tax Injunction Act Bars Challenge to Local Demolition Tax

Recently, the Seventh Circuit Court of Appeals denied a challenge to a municipal tax on the demolition of real estate based on the strict enforcement of the Tax Injunction Act. This decision reinforces long-standing principles…more

Affordable Housing, Appeals, Municipal Taxes

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California Court Finds Teacher Tenure, Layoff, and Dismissal Laws Unconstitutional

School leaders across the country are buzzing about a California Superior Court’s recent tentative ruling that the state’s teacher tenure, dismissal, and layoff laws violate the equal protection clause of the California…more

Equal Protection, Hiring & Firing, Teachers, Tenure, Termination

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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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Illinois Appellate Court: School District’s Subcontracting of Transportation Services is “Part of Bargaining Process” and an “Important Weapon in Negotiations”

The Illinois Appellate Court for the Fourth District recently found that a school district did not engage in any unfair labor practices when it subcontracted student transportation services to a third-party vendor and discharged…more

Bus Drivers, Collective Bargaining, Hiring & Firing, Public Employees, School Districts

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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 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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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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Holiday Pay for Employees with Alternative Work Schedules [Wage & Hour FAQ]

With paydays that include the recent July 4th holiday coming up, it is a good time to address a fairly common question for employers whose employees work “alternative” workweek schedules: How should employers handle holidays?…more

Employer Liability Issues, Holiday Pay, Wage and Hour, Work Schedules

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Monthly Benefits Update

In Burwell v. Hobby Lobby, the Supreme Court held that regulations under the Affordable Care Act that require employer group health plans to provide contraceptive coverage violate the Religious Freedom Restoration Act (RFRA)…more

Affordable Care Act, Burwell v Hobby Lobby, DOL, Employee Benefits, Employer Group Health Plans

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Employer’s Discharge of Employees Did Not Violate Bargaining Obligations under NLRB’s Alan Ritchey Decision

Under the National Labor Relations Board’s 2012 Alan Ritchey decision, an employer generally must bargain with a newly-certified union before imposing certain discipline, including a suspension, demotion, or discharge, where the…more

Employer Liability Issues, NLRA, NLRB, Unions

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Supreme Court Issues Decision In Harris V.Quinn: Abood Survives, But For How Long?

On Monday, the United States Supreme Court issued its anxiously anticipated decision in Harris v. Quinn, a case brought by Illinois home health aides challenging the requirement in a collective bargaining agreement that they pay…more

Collective Bargaining, First Amendment, Harris v Quinn, Home Health Care, Medicaid

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Court Says Schools Must Provide Extended School Year Services In A Student's Least Restrictive Environment

Earlier this month, the U.S. Court of Appeals for the Second Circuit determined that a school district must provide extended school year (ESY) services in a student’s least restrictive environment (LRE)…more

Disability, Public Schools, Special Education, Students

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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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Illinois Felony Hazing Law Held Constitutional

In a criminal prosecution of four former fraternity members, a state judge ruled yesterday that the Illinois Hazing Act’s broad definition of “hazing” is sufficiently clear to withstand a constitutional challenge…more

Criminal Prosecution, Educational Institutions, Hazing

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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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Third Circuit Applies More Relaxed Federal Standard To Successors In FLSA Cases

The Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, recently became the third appellate court to adopt the federal common law standard for successor liability in a…more

FLSA, Succession Planning, Successor Liability

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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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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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Tax Injunction Act Bars Challenge to Local Demolition Tax

Recently, the Seventh Circuit Court of Appeals denied a challenge to a municipal tax on the demolition of real estate based on the strict enforcement of the Tax Injunction Act. This decision reinforces long-standing principles…more

Affordable Housing, Appeals, Municipal Taxes

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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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Think Like a World Cup Goalie to Avoid the Paralysis of FMLA Abuse

If you’re anything like me, you’ve been swept up in the excitement of the World Cup over the past couple of weeks. However, now that we have entered the Round of 16, one thing leaves me both fascinated and unsettled about the…more

Audits, Best Management Practices, FMLA, FMLA Abuse

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Employers Beware: Repurposing HR Documents Can Create Liability

If you are like many HR professionals, when you are tasked with preparing documents like offer letters, noncompete agreements, or separation agreements, you start by pulling out a document that you have used in the past and then…more

Chief Compliance Officers, Compliance, Employer Liability Issues, Human Resources Professionals, Popular

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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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Supreme Court Agrees to Resolve Current Appellate Court Split on EEOC’s Conciliation Obligations

In December 2013, we reported on the Seventh Circuit’s controversial decision in EEOC v. Mach Mining, in which the Court exacerbated the already existing split amongst federal appellate courts regarding the EEOC’s obligation to…more

Conflicts of Laws, Discrimination, EEOC, Enforcement Actions, Mach Mining

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Monthly Benefits Update

Health & Welfare Plans - July 1 Deadline to Begin Measuring Employee Hours for ACA Employer Mandate/“Pay or Play” - As we have discussed in many previous alerts, the Affordable Care Act’s employer shared…more

Affordable Care Act, COBRA, DOL, Employee Benefits, Employer Mandates

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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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Monthly Benefits Update

IRS Issues 2015 HSA Contribution Limits, High-Deductible Health Plan Definition, Out of Pocket Expense Limits - The Internal Revenue Service (IRS) issued guidance setting the inflation-adjusted amounts applicable to…more

Compliance, Employee Benefits, Healthcare, HSA, IRS

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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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U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States Supreme…more

Cell Phones, Evidence, Fourth Amendment, Law Enforcement, Riley v California

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Supreme Court Grants Certiorari on a Long-Standing Circuit Split Over Collectively Bargained Retiree Health Care Benefits

Earlier this month, the Supreme Court agreed to review the Sixth Circuit’s decision in Tackett v. M&G Polymers USA, LLC, 733 F.3d 589 (6th Cir. 2013). The Court will resolve an existing circuit split as to how courts interpret…more

CBAs, Collective Bargaining, Healthcare, Manufacturers, Retirement

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Department of Education Proposes New VAWA/Campus SaVE Act Regulations

On June 20, 2014, new proposed regulations targeting sexual assault, domestic violence, dating violence and stalking were published in the Federal Register. The draft regulations implement changes made to the Clery Act by the…more

Clery Act, Colleges, Department of Education, Universities, VAWA

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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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Supreme Court Agrees to Resolve Current Appellate Court Split on EEOC’s Conciliation Obligations

In December 2013, we reported on the Seventh Circuit’s controversial decision in EEOC v. Mach Mining, in which the Court exacerbated the already existing split amongst federal appellate courts regarding the EEOC’s obligation to…more

Conflicts of Laws, Discrimination, EEOC, Enforcement Actions, Mach Mining

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Illinois Court of Appeals Reiterates Immunity For Statements in Public Meetings

The Second District Appellate Court recently highlighted the strong protection Illinois law provides for statements by executive officers and members of local government boards and councils, including school boards, during…more

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Department of Education Proposes New VAWA/Campus SaVE Act Regulations

On June 20, 2014, new proposed regulations targeting sexual assault, domestic violence, dating violence and stalking were published in the Federal Register. The draft regulations implement changes made to the Clery Act by the…more

Clery Act, Colleges, Department of Education, Universities, VAWA

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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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Court Sanctions Employer $25K for Failing to Preserve Email After Notice of EEOC Charge

In Knickerbocker v. Corinthian Colleges, a trial court in Washington state sanctioned an employer because it failed to preserve evidence and issued an insufficient litigation hold after the employer received notice of EEOC…more

Duty to Preserve, EEOC, Enforcement Actions, Evidence

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Seventh Circuit Reminds Public Employers That Whistleblowing Employees Are Not Immune From All Discipline

The Seventh Circuit recently upheld the lower court’s summary judgment in favor of the Chicago Public Schools (CPS) and Schurtz High School administrators in a teacher’s action alleging violations of her First and Fourteenth…more

Public Employees, Public Employers, Whistleblowers

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

50-100 Attorneys

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