Employers have long understood that what their employees do on company time is directly linked to the company’s own potential liabilities. When employees using mobile electronic devices cause harm, their carelessness isn’t...more
On July 28, 2015, the United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) ruled that Title VII does not protect against sexual orientation discrimination. See, Hively v. Ivy Tech Cmty. Coll., 2016 BL...more
As of January 1, 2016, Illinois’s Equal Pay Act (the “Act”) expanded to prohibit all employers, regardless of size, from paying unequal wages to men and women for doing the same or substantially similar work, except if the...more
In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the...more
On May 11, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) Final Rule codifying new and existing customer due diligence (“CDD”) requirements under the Bank Secrecy Act (“BSA”) was...more
On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule to “modernize injury data collection to better inform workers, employers, the public, and OSHA about...more
On April 7, 2016, a National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) ruled that five Dan Gilbert companies, including Quicken Loans Inc., Fathead LLC, In-House Realty LLC, One Reverse Mortgage LLC,...more
Currently, 23 states have enacted laws to legalize medical marijuana. Medical marijuana laws are challenging for all employers, but particularly multistate employers, as employers must reconcile federal and varying state...more
On January 6, 2016, the EEOC field an amicus brief in Barbara Burrows v. The College of Central Florida arguing, for the first time, that Title VII of the Civil Rights Act of 1964 protects workers against sexual orientation...more
On December 1, 2015, in conjunction with World AIDS Day, the EEOC issued two documents addressing the legal rights available to employees with HIV/AIDS under the Americans with Disabilities Act (“ADA”)....more
The holiday season is in full swing, and you have likely already planned the office holiday party. Although there are is no way to completely eliminate the risks associated with hosting a holiday party, the suggestions below...more
In recent years, the National Labor Relations Board has tended to protect employees’ social media activity against employers. A few weeks ago, the Second Circuit upheld a decision of the National Labor Relations Board...more
In AutoNation, Inc. v. NLRB, the Seventh Circuit enforced a National Labor Relations Board decision that found a car dealership to be in violation of the National Labor Relations Act for interfering with workers’ efforts to...more
9/23/2015
/ Adverse Employment Action ,
Automotive Industry ,
AutoNation ,
Car Dealerships ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Protected Activity ,
Retaliation ,
Unions ,
Wrongful Termination
Last month, in Transunion Risk and Alt. Data Sols., Inc., v. MacLachlan, the Eleventh Circuit held that the district court should have considered hardship to an employee when it enforced a restrictive covenant in an...more
Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Equal Employment Opportunity Commission (“EEOC”) is obligated to investigate charges of discrimination and retaliation in the workplace filed by a “person...more