Erin Walsh on Employer Liability Issues

General Assembly Says Religious Objection Law Does Not Apply to COVID-19 Safety

On Thursday night, October 28, 2021, the Illinois General Assembly passed House Floor Amendment 3 to Senate Bill 1169, which amends the Health Care Right to Conscience Act (HCRCA) to allow employers the right to “take any...more

11/1/2021 / Amended Regulation , Coronavirus/COVID-19 , Employer Liability Issues , Employer Mandates , Infectious Diseases , Religious Exemption , Vaccinations , Workplace Safety

The First Rollout of Proposed Amendments to the NLRB’s Election Rules

On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s...more

8/15/2019 / Blocking Statutes , Collective Bargaining , Construction Industry , Employee Rights , Employer Liability Issues , Labor Regulations , Labor Relations , NLRA , NLRB , Proposed Amendments , Rulemaking Process , Unfair Labor Practices , Union Elections , Union Representatives , Unions

Issues to Consider Before Implementing a “Rooney Rule” to Increase Racial Diversity in Employment

With recent news of a new Goldman Sachs policy requiring managers to interview two diverse candidates for any open job, there is no question that the “Rooney Rule,” first adopted by the National Football League (NFL) in 2003,...more

4/11/2019 / Affirmative Action , Civil Rights Act , Disparate Impact , Diversity , Employer Liability Issues , Hiring & Firing , Race Discrimination , Recruitment Policies , Risk Mitigation , Title VII

On the Basis of Hair: What Employers Should Know Now About Hairstyle Discrimination

Employers across the country are on watch after a recent flurry of news about hairstyle discrimination. Earlier this year, a black news anchor in Jackson, Mississippi, alleged she was fired after wearing “unprofessional”...more

3/4/2019 / Appearance Policy , Disparate Impact , Dress Codes , Employer Liability Issues , Freedom of Expression , Policies and Procedures , Race Discrimination , Religious Discrimination

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more

9/18/2018 / Browning-Ferris Industries of California Inc. , Collective Bargaining , Deregulation , Employer Liability Issues , Franchises , Hiring & Firing , Joint Employers , Labor Policies , NLRA , NLRB , Regulatory Reform , Staffing Agencies , Unions , Wage and Hour

NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy

In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up...more

8/15/2018 / Employer Liability Issues , Employment Litigation , Employment Policies , Hiring & Firing , NLRA , NLRB , Offensive Language , Over-Time , Protected Concerted Activity , Unions

EEOC Flexes Its Muscle on Anti-Harassment Litigation

In an unusual, coordinated litigation strategy, the U.S. Equal Employment Opportunity Commission (EEOC) last week filed seven lawsuits alleging workplace harassment. The lawsuits – which followed a reconvening of an EEOC task...more

6/21/2018 / #MeToo , Anti-Harassment Policies , Corporate Counsel , Employer Liability Issues , Employment Litigation , Enforcement Actions , Equal Employment Opportunity Commission (EEOC) , Proposed Guidance , Regulatory Oversight , Regulatory Standards , Sexual Harassment

Erin Walsh

Franczek P.C.

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