Tag archive: employee

EMPLOYER ALERT: No More Wage Secrecy for Federal Contractors

The Office of Federal Contract Compliance Programs (OFCCP) has published its Notice of Proposed Rulemaking (NPRM) on “pay transparency.” This NPRM is in follow-up to Executive Order 13665, which President Obama signed on April 8, amending Executive Order 11246 and prohibiting federal contractors from retaliating against applicants and employees for discussing their compensation. Generally, with…

Illinois Extends Sexual Harassment Protection to Unpaid Interns

Public Act 98-1037 will take effect January 1, 2015. The Act amends the Illinois Human Rights Act (775 ILCS 5).  Illinois has joined the emerging trend providing protection against sexual harassment for unpaid interns who, on January 1, will be covered under the definition of “employee” for purposes of the Act’s prohibition against sexual harassment….

Illinois Governor Signs Bill Giving Pregnant Employees New Rights

Illinois Governor Pat Quinn has signed a bill that makes it a civil rights violation for an employer to refuse to make “reasonable accommodations” for pregnant employees. The law takes effect Jan. 1, 2015. Under the new law, employers must make reasonable accommodations if a pregnant employee asks for it, but employers can require documentation…

Why You Can Never Be Too Careful: Terminating an Employee on FMLA Leave

The short advice, of course, is think twice and carefully before deciding to terminate an employee who is taking or attempting to qualify for FMLA leave. A recent case from the Seventh Circuit Court of Appeals, Hansen v. Fincantieri Marine Group, LLC, addressed some of the perils of administering employee FMLA leave. There, at the…

FMLA Leave: What is Retaliation?

Employers are often faced with difficult decisions when a poorly performing employee takes FMLA leave. Any action against the employee following the leave may be closely scrutinized and result in a claim for retaliation. A recent 7th Circuit case provides some guidance on what is, and is not, a retaliatory act. The employee failed to…

Starbucks Barista Gets NLRB Backing Second Time Around

Note to Employers: don’t fire a worker who tells his boss to “go f *** ” herself in front of customers, then blow it by blaming the termination on his pro-union activities.

New Rights for Pregnant Employees on the Horizon

Legislation that would make it a civil rights violation for an employer to refuse to make “reasonable accommodations” for pregnant employees is nearer to becoming law. House Bill 8 amends the Illinois Human Rights Act to give pregnant employees a right to reasonable accommodations for conditions related pregnancy, childbirth or pregnancy related medical conditions. The…

CAUTION: Schedule Changes for an Employee Already Accommodated Under the ADA Can Violate the Act

Last month, the Northern District of Illinois recently ruled in Isbell v. John Crane, Inc., that an Employer violated the Americans with Disabilities Act (“ADA” or “the Act”) when it unilaterally changed an Employee’s later start time as an accommodation for her difficulty functioning in early morning. For two years, the Employer granted the Employee…

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.

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