Franczek Radelet P.C.

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations…more
| Labor & Employment Law

EEOC Argues Adverse Employment Action Irrelevant in Racial Segregation Cases

Recently, the EEOC filed an appeal in EEOC v. AutoZone, Inc. et al., arguing that the lower court erred in dismissing the case against AutoZone Inc. by improperly requiring the EEOC to show that the employee at issue suffered an…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Labor & Employment Law

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
| Labor & Employment Law

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
| Labor & Employment Law

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
| Business Torts, Education, Personal Injury

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
| Education

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
| Civil Rights, Finance & Banking, Labor & Employment Law, Taxation

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
| Business Torts, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

President Obama Announces New Plan to Collect Companies’ Salary Data Through New Equal Pay Rules

On January 29, 2016, President Obama announced that the Equal Employment Opportunity Commission (“EEOC”) will be proposing (in the form of a proposed new federal regulation) a revision to its longstanding Employer Information…more
| Civil Rights, Elections & Politics, Government Contracting, Labor & Employment Law

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
| Education

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
| Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Education, Labor & Employment Law

Involved In Multiple Businesses? You Might Be a Joint Employer!

In our previous post about the DOL's new Administrator's Interpretation ("AI") on joint employment under the FLSA, we focused on "vertical" joint employment. That's the variety of joint employment that exists when there is some…more
| Labor & Employment Law

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
| Finance & Banking, Labor & Employment Law, Taxation
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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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