Protecting Employers Since 1985
On December 16, 2020, the EEOC issued the anticipated guidance for employers relating to the COVID-19 vaccine. There is nothing particularly surprising in the guidelines. The EEOC confirms that the laws that it administers do not, as a general matter, prohibit an employer from requiring employees to receive the COVID-19 vaccine or from requiring proof…
Read MoreWhen companies are suddenly audited by the Illinois Department of Employment Security (IDES), these audited companies start out assuming that they are “innocent until proven guilty” on the independent contractor issue. WRONG! The legal requirement for an audited company using independent contractors is that the company is presumed by the IDES to be the legal…
Read MoreFirst, I want to say that we are here to help. COVID-19 has created some real challenges and never before seen issues. Here is some background as well as a few observations. National Labor Relations Board As of now, all NLRB offices are closed to the public. The NLRB is operational but most employees are…
Read MoreAs of October 31, 2018, the Chicago City Council unanimously approved the formation of the Office for Labor Standards (OLS). The OLS has been created to provide more rigorous enforcement of the City of Chicago Employment Ordinances and to promote investigation into alleged violations. This Law will come into effect as of January 1, 2019.…
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…
Read MoreIt reached a similar conclusion with respect to her FMLA claim: Unfortunately, no. The answer to stopping sexual harassment problems in a company is more complicated and difficult than just hiring an extremely dedicated and motivated Human Resources Department. Every person in the Company must be fully trained to understand the total unacceptability of sexual…
Read MoreIt reached a similar conclusion with respect to her FMLA claim: The highly questionable activities of Harvey Weinstein and others have caused the City Council of the City of Chicago to make significant changes to its laws in an effort to reduce sexual harassment. As a result of a recent survey of numerous hotels in…
Read MoreIt reached a similar conclusion with respect to her FMLA claim: While the liability of employers in the State of Illinois has been expanded substantially by recent amendments to the Illinois Human Rights Act and the recent decision of the US District Court of Appeals for the Seventh Circuit in the Hively v. Ivy Tech…
Read MoreAs most employers know, the Department of Labor Family Medical Leave Act (FMLA) forms which were initially issued in the early 1990s expired as of December 31, 2011. The Department of Labor (DOL) has been working with the Office of Management and Budget to extend the life of these forms and received approval that their…
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