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Threat of Harm to Others — What’s an Employer to Do?

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the...more

What’s the NLRB Up To Now?

One of the cornerstones of the current administration’s platform has been to “encourage and incentivize union organizing and collective bargaining” and to do so by “appoint[ing] members to the National Labor Relations Board...more

Mandatory Retirement – Can You Toss the Old Guy Out?

A common trope of a 1930’s film is the callous boss handing a wizened older Wallace Barry looking man a gold watch and showing him the door as a young up-and-comer sits himself down at his desk. Is mandatory retirement legal...more

11/9/2021  /  ADEA , Forced Retirement , Retirement , SCOTUS

What to Do When a Departing Employee Downloads Information

The day after an employee’s last workday, you get around to checking his email and learn that he has downloaded and transmitted company and client documents to his personal cloud storage account. What weapons do you have in...more

Is At-Will Employment at Risk?

What’s happening to the at-will employment doctrine? The at-will doctrine has been the bedrock of employment law in the United States, guaranteeing management the right to pick its team. Employment practitioners are...more

A Refresher on Releases

An unfortunate byproduct of the COVID-19 pandemic is terminations. Many employers who have the resources provide a cushion in the form of severance pay. It is prudent to seek a release of claims in exchange for the payment...more

Is Being Overweight an Impairment?

According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese. The CDC uses the Body Mass Index (BMI) as the benchmark for obesity. BMI is a calculation based on height,...more

So What’s it Going to Cost Me?

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

So You Want to Give Your Employee a Bonus?

There are many reasons employers give bonuses to employees. Bonuses are a motivator. They effectively reward past contributions. Bonuses also allow employers to provide additional compensation to the workforce on a one-time...more

Discrimination Based on Sexual Orientation -- The Wave Grows

Back in March we explored the question, “So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?” In that article, which unpacked a recent federal court decision on LGBTQ workplace protections, we concluded that...more

“Accurate” Time Records Must Actually Be Accurate

Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals. In this season of confusion, particularly regarding the on-again/off-again...more

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

Chicago Adopts Paid Sick Leave Following Burgeoning National Trend

Late last month, the Chicago City Council unanimously approved a new paid sick leave ordinance requiring virtually every employer in the city to provide at least some paid time off to employees for sick leave purposes. Cook...more

Don’t Forget That Litigation Hold!

When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Labor and Employment — The TMZ of Law

We employment lawyer types proudly boast that no one has better legal stories to tell than we do (if only we could tell all of our stories). Some of our best stories were thrust into the media during the first quarter of...more

Contemporary Clothing's "Look" Collides With Title VII

There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious...more

Wait, Now I Have to Allow Employees to Steal Too?

With the passage of the Americans with Disability Amendments Act, (ADAAA), Congress very purposefully moved disability-related inquiries away from whether employees are “qualified individuals with a disability” and refocused...more

"They Owe You" Does Not Always Mean You Can Withhold

It is common for employees to separate from employment while still owing money to their employer. Such indebtedness can be generally attributed to a variety of causes, which can be broken down into three categories...more

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