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As predicted, the National Labor Relations Board’s recent decision in McLaren Macomb has quickly advanced to the U.S. Court of Appeals for the 4th Circuit. In February the NLRB declared that employers violate federal labor law if they include nondisclosure (NDAs) or non-disparagement clauses in severance agreements for non-managerial employees. The appellate court will decide…
Read MoreAs our readers no doubt are aware, President Biden has promised that he will be the most union-friendly president in American history. He has appointed to the NLRB members and officials in keeping with this mission. The most recent change came out on April 20. The NLRB, in a decision (Noah’s Ark Processors), announced the…
Read MoreWith its pro-employee majority and new General Counsel, the NLRB is continuing in their aggressive pursuit of employers. Recently they announced the development of a “Know your Rights” card series to educate workers on their rights under the National Labor Relations Act. The cards are designed to be printed, folded, and used by workers in…
Read MoreMany jobs require regular overtime or some minimum number of hours per day or week. If working a certain number of hours amounts to an essential function of a job, employees or applicants who cannot work those hours are generally unqualified. Even under the ADA, excusing a disabled individual from regularly working the hours essential…
Read MoreEffective Date: President Biden signed it into law on December 7, 2022. What It Does: Renders unenforceable non-disclosure and non-disparagement provisions in employee/employer agreements. Type of Agreements: Related to allegation of sexual assault and/or sexual harassment and that are entered into “before the dispute arises.” “Before the Dispute Arises” Defined: Before a lawsuit is…
Read MoreThe pro union Board has returned to the Specialty Healthcare appropriate unit standard. This pretty much means that Unions will get whatever they want as the voting unit for a union organizing election. Click here for the NLRB’s press release. Questions? Contact Richard Wessels at 630.377.1554 or by email
Read MoreYesterday, the National Labor Relations Board reversed Trump-era Board precedent, and arguably expanded its precedent from the Obama administration, to declare unlawful two clauses commonly used by employers when offering severance packages. The decision in McLaren Macomb, Case No. 07-CA-263041 (2/21/2023) held that the employer, a Michigan hospital, violated the National Labor Relations Act by…
Read MoreThe U.S. Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit claiming an employer violated the FMLA by suspending its employee over his use of intermittent leave. The case involved a married couple who worked for the same employer. Both were certified and approved for intermittent FMLA leave, but for…
Read MoreOn June 29, 2022, Governor J.B. Pritzker signed into law the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act, effective January 1, 2023. What is changed: The CROWN Act amends the Illinois Human Rights Act in an expanded definition of protection due to race. What is the new definition of race: “Race”…
Read MoreOn January 10, 2023, the Illinois Legislature passed the Paid Leave for All Workers Act (the “Act”). This Act is awaiting Governor Pritzker’s signing, but he has clearly indicated strong support of the Act and his intent to sign the Act into law. This Act will not go into effect until January 1, 2024. There…
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