On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits...more
Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more
The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches...more
Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions....more
On April 21, 2016, resolving a situation not previously decided by the Sixth Circuit Court of Appeals, the court held that a construction company that was a party to a pre-hire collective bargaining agreement lawfully...more
An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more
The U.S. Court of Appeals for the Sixth Circuit recently clarified that when an employer provides notice to a group of workers that their employment will be terminated in the future, they do not suffer an immediate employment...more
In a two to one decision, a panel of the Ninth Circuit Court of Appeals upheld in part and reversed in part the district court injunction that prohibited universities from denying certain forms of compensation to Division I...more
On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether...more
On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more
8/18/2015
/ Collective Bargaining ,
College Athletes ,
Colleges ,
Employee Definition ,
Jurisdiction ,
NLRA ,
NLRB ,
Northwestern University ,
Sports ,
Unions ,
Universities
The National Labor Relations Board (NLRB) has upheld the SEIU’s narrow election victory at Laguna College of Art + Design, despite evidence that a supervisory full-time faculty member had campaigned for the union. In Laguna,...more
The Colorado Supreme Court ruled that an employee who uses medicinal marijuana at home during non-working hours can be discharged for failing a drug test. While application may be limited by its heavy reliance on Colorado...more
Employers should re-evaluate any employment policies that exclude –intentionally or not –pregnant employees from job accommodations, leave or other benefits in the face of Wednesday’s U.S. Supreme Court decision in Young v....more
Spring 2014 saw the first ever attempt to form a union among Division I college athletes, specifically the football team at Northwestern University in Evanston, Ill. The National Labor Relation Board’s (“NLRB” or “Board”)...more
2/17/2015
/ College Athletes ,
Colleges ,
Employee Definition ,
Employer Liability Issues ,
NCAA ,
NLRA ,
NLRB ,
Northwestern University ,
Scholarships ,
Union Elections ,
Unions ,
Universities
Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year. ...more
A recent National Labor Relations Board decision could significantly increase the damages that employees can recover against an employer that acquires a business but refuses to hire the employees of the predecessor. The...more
In the run up to Labor Day, Illinois Gov. Pat Quinn signed two public acts into law that significantly impact Illinois employers. The first is a major extension of the Human Rights Act that enhances pregnancy discrimination...more
A new Illinois law that takes effect next year will affect how employers in the state handle job candidates’ criminal records in the hiring process. The law prohibits employers from inquiring about a job candidate’s criminal...more
The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more
7/2/2014
/ Collective Bargaining ,
First Amendment ,
Harris v Quinn ,
Healthcare ,
Home Health Care ,
Medicaid ,
Public Employees ,
Right to Work ,
SCOTUS ,
Union Dues ,
Unions
Illinois non-compete agreements are unenforceable absent consideration (i.e. payment) in addition to the employee’s hiring or retention for continuing employment, under the Appellate Court’s decision in Fifield v. Premier...more