In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...more
As we will describe in this and its companion article, if you are an employer viewing such classifications optimistically in light of some recent legal developments, you should do so fully aware of the attendant perils....more
If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more
5/22/2018
/ Burden of Proof ,
Employer Liability Issues ,
Evidence ,
Former Employee ,
Hiring & Firing ,
Human Resources Professionals ,
Inconsistent Jury Verdicts ,
Jury Verdicts ,
Retaliation ,
Workers' Compensation Claim ,
Wrongful Termination
The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the...more
For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked...more
Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more
We noted several weeks ago that the Ellen Pao case reminds us that sometimes settlement is better than the airing of sensitive allegations, and sometimes outrageous settlement demands require an aggressive defense, media...more
We noted last year that 20 years after the original passage of the Family and Medical Leave Act (“FMLA”), the Department of Labor issued a survey report lauding the effectiveness of the law and the positive impact it has had...more
A big part of what makes the franchise model of business attractive to small business owners is the opportunity to own and operate their own business, but with their entrepreneurial risk backstopped by a known regional or...more
8/12/2014
/ Employer Liability Issues ,
Fast-Food Industry ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Restaurant Industry ,
Small Business ,
Unions ,
Wage and Hour
Several weeks ago, in both a tongue-in-cheek and concerned fashioned, we wrote about a federal court decision that concluded an employer had to tolerate an employee’s admitted theft as a reasonable accommodation for her...more