Hinshaw & Culbertson LLP

Of Interest: U.S. Supreme Court Finds Constitutional Support For Same-Sex Marriage

Note: Though the Supreme Court's decision in Obergefell v. Hodges (issued Friday) does not directly implicate an employment issue, the opinion represents a significant shift in U.S. culture and society, and therefore is likely…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

Violation of GINA Leads to Significant Jury Verdict Against Employer

Have you ever had a mystery employee defecating around your warehouse, damaging goods? Have you ever considered asking employees to provide cheek cell samples to determine the identity of the defecator? Hopefully, the answer…more
| Civil Remedies, Labor & Employment Law, Privacy

Of Interest: U.S. Supreme Court Saves Obamacare a Second Time

Note: Though the Supreme Court's decision in King v. Burwell (issued yesterday) does not directly implicate an employment issue, the opinion is quite significant and likely of interest to many employers who have been following…more
| Constitutional Law, Labor & Employment Law, Health, Insurance, Taxation

DOL Issues Updated FMLA Certification Forms

The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. The new forms include the…more
| Labor & Employment Law, Health

California Labor Commissioner Delivers A Blow to the Ride Sharing Independent Contractor Concept

The decision to classify workers as independent contractors versus employees can be a costly one, but nevertheless, continues to be a decision many employers make quickly and without regard for the potential risks. In…more
| Labor & Employment Law

Dazed But Slightly Less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge

Dazed But Slightly Less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge - If you are in one of the twenty-three (and counting) states which permits the medically authorized use of marijuana, you…more
| Conflict of Laws, Labor & Employment Law

Texas Supreme Court Clarifies Employer Liability on Obvious Risk in Workplace Injuries

It's not too often that we hear of an employer being able to escape liability for a workplace injury, where the injury does, in fact, happen to an employee and it happens in the workplace. Below, we'll discuss a case where an…more
| Labor & Employment Law, Worker’s Compensation

San Francisco Retail Workers Gain New Rights—What Employers Need to Know

On July 3, 2015, San Francisco adds another law to its long list of city-wide labor ordinances. In addition to the City's laws on paid sick leave, minimum wage, family friendly workplace, and health care security, employers…more
| Labor & Employment Law

Chicago Minimum Wage Hike Is Here: Are You Ready?

You may recall that last December, just as Chicagoans were starting to hunker down for another cold, snowy winter, the Chicago City Council made national news by passing an ordinance that will raise the minimum wage for Chicago…more
| Labor & Employment Law

Eleventh Circuit Declines to Aggregate Workers of Multiple Contractors for WARN Act Notification Purposes

Closing up shop and winding down a business can have significant legal ramifications for employers if not handled appropriately. The WARN Act was designed to prevent surprise upon unsuspecting groups of employees, but the law…more
| Business Organizations, Civil Procedure, Labor & Employment Law

OSHA Issues Guidance on Transgender Workers and Workplace Restrooms

For those savvy employers staying ahead of the curve, here’s something new: OSHA has published a “Best Practices” guide addressing restroom access for transgender workers. To be clear, as “guidance,” the OSHA publication is not…more
| Civil Rights, Construction Law, Labor & Employment Law

California Insurance-Related Bills Meet Deadline for Passage in 2015

The deadline for Assembly bills to be passed by the California Assembly and for Senate bills to be passed by the California Senate was June 5. Bills that met the deadline are eligible for enactment this year. Bills that…more
| Insurance, Worker’s Compensation

General Acknowledgment of Receipt of Employer's Policies Sufficient to Compel Employee to Arbitrate

In recent years, the courts and state legislatures across the country have been interpreting and enforcing laws regarding arbitration more strictly. What this means is that a lot of existing arbitration agreements no longer…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

Employee Allowed to Pursue Claim Despite Failure to Follow Rules

One of the first things a savvy employer or employer's attorney may do upon receipt of a claim, charge, or complaint, is look for deficiencies which may serve as a bar to suit…more
| Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law

BEWARE OF DOG(MA): Did The Supreme Court Just Require Employers to Accommodate Whenever A Request *Might* Be Due to Religion?

The U.S. Supreme Court has issued its long awaited decision in the "Looks Policy" case, and it's not terribly unexpected, but is a little scary considering the potential far reaching effects going forward…more
| Civil Rights, Labor & Employment Law
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