Recognizing that every business with employees faces challenges that can impact their growth and profitability, Sandberg Phoenix attorneys are committed to sharing their knowledge of, experience with and passion for employment law. Addressing current issues, recent case studies and matters of statutory and regulatory compliance, the Employer Law Blog provides expert advice and analysis of important aspects of employment law.

MISSOURI EMPLOYERS BEWARE: The Missouri Supreme Court Lowers Standard of Proof for Work Comp Retaliation Claims

On April 15, 2014, in Templemire v. W & M Welding, Inc., the Missouri Supreme Court continued its pro employee interpretation of the employment at-will doctrine by significantly reducing the causality standard for a workers compensation retaliation claims. Prior to this ruling, Missouri law had long required an employee to prove that the alleged retaliatory…

The High Price of Not Posting EEOC Notices Just Got Higher

The EEOC recently announced an increase in the penalty for employers who fail to conspicuously post the equal employment opportunity (EEO) notices of rights of employees and job applicants. The penalty per violation has almost doubled as of April 18, 2014, from $110 to $210.

Severance Agreements: Employer Beware

In settling an existing charge of discrimination, administrative complaint or lawsuit, employers, upon advice of counsel, routinely obtain a release of all claims from the employee. This includes releasing any claims already asserted and any other potential claims the employee could assert in the future. Employers also utilize severance agreements as a means of minimizing…

President Directs Department of Labor to Update White-Collar Overtime Exemption Regulations

Since its enactment in 1938, the Fair Labor Standards Act (“FLSA”) has generally required employers to pay most employees overtime time and a half for all hours worked over 40 during the workweek. Of course, certain employees that are employed in “white collar” jobs are exempt because, in part, they are paid a regular salary…

FMLA Intermittent Leave

The U.S. District Court for the District of Oregon has recently held that it may be a violation of the Family and Medical Leave Act for an employer to seek medical certification for each incident of FMLA approved intermittent leave. The Act permits an employer to request recertification every 30 days of leave time. The…

Drug testing and workers’ comp claims. Do they mix?

Can an employer require an employee who is initiating a workers’ compensation claim to take a drug test? And, can the employer fire that employee if the employee refuses to take the required drug test? The Seventh Circuit Court of Appeals, says yes – maybe. The “yes” answer in this case was based on the…

Paint a Picture or Play Ping Pong? – The Seventh Circuit Provides Clarity on the Summary Judgment Standard for Discrimination Cases

On August 1, 2013, the Seventh Circuit did a great service to employment law practitioners in its jurisdiction when it provided a clear path for future summary judgment decisions. For decades, attorneys, plaintiffs, and employers have wrestled with the standard that they must overcome to have their Title VII discrimination cases decided without going to…

Employee or Independent Contractor? The stakes are high in Illinois

Illinois passed the Employee Classification Act in 2008. It was amended in 2013. (820 ILCS 185/1 et seq.) In a decision issued February 25, 2014, the Illinois Supreme Court rejected a constitutional challenged to the Act.

NLRB waves white flag on Notice of Employee Rights Posting Rule

The National Labor Relations Board (“NLRB”) started 2014 by capitulating on its efforts to force employers to post a notice at work which advised employees how they could form a union in order to collectively bargain.  The NLRB announced this mandatory posting rule in August 2011, which would have required all private sector employers, whether…

FMLA Math: 1+1 = 1?

When are two corporations really one corporation? This question becomes crucial for employers when we enter “FMLA World.” Many small business owners keep their eye on that magic number of 50 employees that triggers application of the FMLA. This article discusses some pitfalls for small employers in this counting game. When one corporation owns part…

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