Labor & Employment Law Update

Recently, the Federal Seventh Circuit Court of Appeals (Illinois, Wisconsin, and Indiana) affirmed summary judgment for the employer in a Workers’ Compensation retaliation claim. Phillips v. Continental Tire The Americas, LLC, — F.3d —, 2014 WL 572339 (Feb. 14, 2014).  Employer Continental Tires (“Continental”) had a written substance abuse policy which required drug testing for several enumerated reasons, including initiation of a workers’ compensation claim.  The policy further provided that an employee’s refusal to be tested was grounds for immediate ...

Would you want to know if you were about to offer a job to a convicted felon? Most employers would say “of course,” but both seeking and acting on that information could land you in legal trouble.  Before obtaining criminal background information on all potential new hires, you should know that the U.S. Consumer Financial Protection Bureau, the EEOC, and your state government may have something to say about that practice.

As a general rule, it is legal to inquire into the criminal history of employees and potential employees; however, concerns about fraud and discrimination are ...

I’m going to come right out and say it: I hate Valentine’s Day.  Polls taken around this time of year prove that I’m not alone.  If you’re unhappily single, it’s a month-long in-your-face reminder of the fact that you’re single.  If you’re in a relationship, there is tremendous pressure to make a grand romantic gesture that’s not too grand or too romantic and proportionately matches your partner’s feeling.  The all-time absolute worst possible way to try to celebrate Valentine’s Day, however, is at the office.  At best, it creates a distraction that eats into ...

A few weeks ago, the Seventh Circuit federal appellate court (Illinois, Indiana and Wisconsin) held that an employee’s absence from work was protected by the Family Medical Leave Act – even though she was on vacation with her terminally ill mother in Las Vegas.   Ballard v. Chicago Park District, Case No. 13-1445 (7^th Cir. Jan. 28, 2014).

There was no question that Ballard provided daily care to her mother.  However, when she requested FMLA leave to travel with her mother to Las Vegas, Ballard’s employer denied the request.  Ultimately, the employer terminated her for the ...

Federal:   Federal Contractors be on alert! In an attempt to get Congressional support to raise the federal minimum wage for all workers, President Obama announced that he was going to be issuing an Executive Order that will require federal contract employers to pay workers a minimum wage of $10.10 per hour on any new federal contracts.  This could happen as soon as the next week or so.

The NLRB poster rule has gone by the wayside.  The NLRB gave up its fight to require all private employers to post the union-friendly poster by allowing the Supreme Court’s review deadline to pass ...

Earlier today the National Labor Relations Board announced proposed rule changes that will drastically speed the union election process, limit issues employers can raise in the pre-election process, and limit employers’ appeal rights. The proposed amendments are nothing new. Substantively identical changes – dubbed the “Quickie” or “Ambush” Election Rule — went into effect April 30, 2012 but was quickly invalidated when the D.C. Circuit ruled the Board did not have a quorum when it passed the rule changes. The amendments proposed today are open for public ...