Protecting Employers Since 1985
With all the furor in the media with regard to the “Border Wall” and United States immigration policy, Employers are losing sight of an even more prominent threat. The Homeland Security Investigations Unit (HSI), which is the investigative agency within the United States Immigration and Customs Enforcement Group and responsible for Form I-9 compliance, has…
Read MoreThe Occupational Safety and Health Administration (OSHA) has just reminded Temporary Staffing Agencies and their clients (i.e. the Host Employer) that they are jointly liable and responsible for a Temporary Employee’s safety and health in two (2) new Guidance Documents relating to respiratory protection, noise exposure and hearing conservation. Nearly two (2) years after its…
Read MoreIn 2001, specifically July 12, 2001, the State of Illinois put in place legislation dealing with Nursing Mothers in the Workplace (820 ILCS 260/1, et seq.). This legislation required Employers, who had six (6) or more employees, to allow nursing mothers “reasonable unpaid break time each day” to express breast milk for their infant children.…
Read MoreIt has become a “sign of the times” that many Employers, rather than attempting to negotiate the maze of potential Legal Issues with regard to Employee Absences for sickness, child care, etc., have gravitated to what has become identified as the “No Fault Attendance Policy”. Under a No Fault Attendance Policy, Employees are assigned certain…
Read MoreA few years ago, there was grave concern that the “Weingarten Rights”, 420 U.S. 251 (1975) were going to be extended from just Unionized Employers to Non-Union Employers with the Non-Union individual who may be subject to discipline getting the right to ask a coworker to be present during any Disciplinary Interview. This did not…
Read MoreOn Monday, June 4, 2018, the United States Supreme Court issued its ruling in Masterpiece Cake Shop Ltd, et al. v. Colorado Civil Rights Commission, et al. Case No. 16-111 in which it ruled in favor of a Christian baker who had refused to bake a custom wedding cake ordered by a same-sex couple in…
Read MoreSubstance abuse (whether it be related to alcohol or drug use) is a potentially serious workplace issue that can quickly become extremely complicated. It is very important for all Employers to keep in mind that substance abuse can, in and of itself, be considered as a serious health condition and as such, may come under…
Read MoreOne of the constants over the last few decades in Labor and Employment Law has been the fact that our society has become more litigious (i.e. people file lawsuits at the drop of a hat). Unfortunately, that saga now seems to be impacting the “older generation” as well. On April 26, 2018, the Seventh Circuit…
Read MoreIt reached a similar conclusion with respect to her FMLA claim: With the ever increasing coverage and commentary regarding sexual harassment issues (even Speaker Mike Madigan’s office recently) there have been two (2) very interesting developments in the arena of sexual harassment/sexual abuse that Employers should be aware of. Our brilliant legislators in the Federal…
Read MoreOver my rather lengthy career as a Management-Oriented Labor/Employment Lawyer (started November 6, 1972 with the Walgreen Company), I have seen a drastic and very unfortunate change in the Employer-Employee relationship. Over the last ten (10) years, there has been an over 500% increase in Employee Litigation. You do not need a Lawyer to tell…
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