Date archive: April 2015

Who is the Employer in a Title VII Claim?

In a Contractor and Subcontractor Relationship, Who is the Employer? The 7th Circuit Clarifies the Standard for Showing “Indirect Employer” Status Under Title VII.

Do’s and Don’ts for Employer Policies (So Says NLRB GC)

On March 18, 2015, the General Counsel of the NLRB issued a report providing guidance to employers regarding handbook rules which violate Section 8(a)(1) of the NLRA as well as specimen policies which don’t violate the Act in the General Counsel’s opinion.

Federal Court Enjoins DOL FMLA Regulation Addressing Same-Sex Marriages

The Family Medical and Leave Act in part requires an employer to permit an eligible employee to take a leave of absence arising from the serious medical condition involving the employee’s spouse. When Congress enacted the FMLA in 1993, no state had recognized a same-sex marriage. Consequently, the definition of a spouse for FMLA purposes was uncomplicated and uncontroversial.

Department of Labor’s New Interpretation of FLSA’s Administrative Exemption to Mortgage Loan Officers Upheld by U.S. Supreme Court

The United States Supreme Court recently issued its ruling in Perez v. Mortgage Bankers Association, upholding a Department of Labor (“DOL”) interpretation regarding the status of mortgage loan officers as non-exempt under the Fair Labor Standards Act (“FLSA”). At issue was whether the DOL could alter its position regarding whether mortgage loan officers qualify for the administrative exemption under the FLSA without adhering to the notice-and-comment rulemaking process set forth in the Administrative Procedure Act (“APA”).

When Discretion is not Discretion

On March 17, 2015, the Illinois Appellate Court (First District, Second Division) issued an Opinion which was interesting because it gave life to the often-cited covenant of good faith and fair dealing in a contract. While this so-called covenant is often mentioned and discussed, few cases actually operationalize the concept, and rarely does a case base a cause of action on the covenant.

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