Author archive: employerlawblg

Federal Contractors: Are You Complying With New Paid Sick Leave Requirements?

Executive Order 13706 established paid sick leave requirements for federal contractors and subcontractors and went into effect on January 1, 2017. Non-complying contractors are subject to monetary damages, attorneys’ fees, equitable relief, and/or debarment from future contracts. How Many Hours Of Paid Sick Leave Are Required? Fifty-six (56) hours annually. Unless employers elect to give…

It’s Unanimous

The SCOTUS handed down a definitive 9-0 decision on a case centered on issues surrounding appellate courts, district courts and Equal Employment Opportunity Commission subpoena requests. How will the decision impact employers?

Sexual Orientation Discrimination Now Recognized Under Title VII

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit.

NLRB Rules on Strategy for Loss of Majority Support

On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.

A Primer on the New Missouri Right to Work Law

What does Right to Work Mean?

Employers are barred from: requiring employees to become, remain, or refrain from becoming a member of a labor organization; or pay dues or other charges required of labor organization members as a condition of employment.

New Illinois Labor and Employment Laws Effective January 1, 2017

A slew of new laws went into effect on January 1 in Illinois. Below are key labor and employment laws:

Missouri Legislative Update — Is the Tide Finally Turning?

The Republican controlled General Assembly is getting a head start on the labor and employment front by pre-filing several pro-business labor and employment bills. Right to work- In general, the various bills in one form or another make contract clauses that require union membership as a condition of employment or continued employment null and void….

EMPLOYER ALERT: Protecting You Trade Secrets and Preventing Sexual Harassment May Give Rise to Unfair Labor Practices.

By Timm Schowalter In a continuing troubling trend to marginalize an employer’s ability to protect their informational assets and to comply with its federal and state obligations under discrimination laws a National Labor Relations Board judge has ruled that employee handbook rules implemented by an information technology staffing company, Insight Global LLC, are illegal. On one…

EMPLOYER ALERT: It May Soon Be Illegal to Ask Potential Employees to Disclose Their Previous Salary

On August 1, 2016, Massachusetts became the first state to bar employers from asking about an applicant’s salary before offering them a job. Bill S.2119, which goes into effect January 1, 2018, states that it shall be an unlawful practice for an employer to seek the wage or salary history of a prospective employee from the prospective employee or a current or former employer. The law does not prohibit prospective employees from voluntarily disclosing such information. Further, an employer may seek or confirm a prospective employee’s wage or salary history after an offer of employment with compensation has been negotiated.

READY FOR 12/1? Take the Exemption Tests

The Department of Labor’s Final Rule on white collar exemptions takes effect on December 1, 2016. Are you ready? You can answer this question with three simple tests. An employee must pass all three tests to be eligible for exemption from overtime pay.

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This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2014 Sandberg Phoenix & von Gontard P.C. All Rights Reserved.

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