Protecting Employers Since 1985

Illinois Workplace Transparency Act

By Walter J. Liszka / August 26, 2019

On June 2, 2019, the Illinois General Assembly approved the Workplace Transparency Act providing certain protections concerning sexual harassment in the workplace and imposing significant new obligations on Illinois Employers. This Bill was signed into law by Governor Pritzker in June 2019 and the provision of the new bill become effective January 1, 2020. The…

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Is Obesity A Disability?

By Walter J. Liszka / August 19, 2019

The Seventh Circuit Court of Appeals, in a recent decision (June 12, 2019) in the case of Richardson v. Chicago Transit Authority has joined the Second, Sixth and Eighth Circuit in finding that Obesity, standing alone, is not an impairment under the Americans With Disabilities Act (ADA) absent an underlying psychological cause. This is an…

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No Recording Rules-NLRB Protected?

By Walter J. Liszka / August 5, 2019

In the Boeing Company case (365 NLRB No. 154 (2017)), the National Labor Relations Board established a new system for interpreting Employer policies and whether or not they would have a negative impact on an Employer’s ability to exercise their Section 7 rights under the National Labor Relations Act. Specifically in the Boeing Company case,…

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Recreational Cannabis Law-Beware Of Pitfalls

By Walter J. Liszka / July 24, 2019

On May 31, 2019, the State of Illinois approved House Bill 1438 which created the “Cannabis Regulation and Tax Act”. This Bill was signed, with a lot of “fanfare and publicity,” by Governor Pritzker on June 24, 2019. The Act provides that, effective January 1, 2020, Illinois Residents who are 21 years of age or…

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He Who Hesitates May be Lost

By Walter J. Liszka / July 8, 2019

While the statement “he who hesitates may be lost” has been around for decades, it may be the underpinning of a very recent Supreme Court decision. In a unanimous decision issued by the United States Supreme Court on June 3, 2019 (Fort Bend County vs. Davis, No. 18-525, Argued 4/22/19; Decided 6/3/19) the Supreme Court…

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NLRB Grants Employers Greater Rights to Limit Union Activity on Premises

By Walter J. Liszka / June 27, 2019

In the case of UPMS Presbyterian Sunnyside, 368 NLRB No. 2-June 14, 2019, the National Labor Relations Board granted Employers greater rights to limit union activity on their premises. Under previous Board law, under the “public space” exemption, Employers had to allow non-Employee union representatives access to the “public areas of their property”, including restaurants…

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Summer Interns Still an Option?

By Walter J. Liszka / May 30, 2019

As we approach the summer months with temperatures rising and days getting longer, the issue of summer interns gains more interest for both employers and the interns alike. For the interns, they gain experience, training and exposure to the employment industries and real work life. For employers, they gain new help, new ideas and hopefully…

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Service Animals in the Workplace

By Walter J. Liszka / May 27, 2019

I am fairly certain that a number of readers of this article will have been on airlines or in restaurants where they have observed individuals being allowed to have “service animals” accompany them on their trip or their restaurant excursion. It is not surprising that the issue of service animals in the workplace is now…

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EEOC Charges At 12-Year Low

By Walter J. Liszka / April 22, 2019

Workers filed 8,000 fewer charges in Fiscal Year 2018 (October 1, 2017 through September 30, 2018) when the EEOC took in 76,418 charges. This total is the lowest since Fiscal 2006 when the agency took in a little under 76,000 charges. The “breakdown of charges” is as follows: Approximately 39,000 charges alleging retaliation; 24,600 charges…

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Can Illinois “Get It Right” For Business

By Walter J. Liszka / April 9, 2019

Regardless of whether it passes, the passage of the Amendment will not be a “Get Out of Jail Free Card” for Employers who are currently involved in BIPA Class Action Litigation (over 200 lawsuits that are currently pending). Of course, it, if passed, would have huge ramifications in minimizing further legal liability. WHAT EMPLOYERS SHOULD…

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