Labor & Employment Law Update

On Tuesday, the 7^th Circuit Court of Appeals vacated an FMLA decision that was in favor of the employer and instructed the lower court to issue a ruling in favor of the employee.  The case involved the application of FMLA to an employee caring for an adult child and the issue regarding information the employee must provide about the duration of the leave and return to work status.  The court’s opinion is instructive on both issues.

Suzan Gienapp worked at a residential nursing care facility.  She requested time off to care for her adult daughter who had to undergo treatment for ...

HB 8, pushed through the Illinois Legislature and ready to be signed into law by Governor Quinn, amends the Illinois Human Rights Act to add to the list of employment discrimination, an employer’s failure to provide a reasonable accommodation to an employee based on conditions related to pregnancy or childbirth. The new amendment will create a legal quagmire for Illinois employers. Employers currently must balance the rights of employees under the current Illinois Human Rights Act (IHRA), the federal Americans with Disabilities Act (ADA), the federal Family ...

Two armed would-be robbers burst into your workplace demanding money/drugs/computers/merchandise.  One of your employees pulls a gun from his pocket, fires at the thugs, and they run away.  Do you give the employee a bonus …… or do you terminate him?  The sixth circuit recently said it’s ok for employers to enforce policies that prohibit possession of weapons in the workplace and require non-escalation in violent situations.

In Hoven v. Walgreens (Case No. 13-1011) a Michigan pharmacist obtained his concealed carry permit and began bringing his handgun to work after an ...

Florida: After much debate in the lower courts, it is settled – employers may not discriminate against pregnant workers in FLA (you couldn’t before under Federal law, but FLA confirms the same).

Iowa:  If you have to notify at least 500 state residents including your employees and applicants of any potential personal information security breach, you must also notify the Iowa Attorney General’s Office of the same.

Maryland: Do you have between 15 – 49 employees?  If so, beginning October 1, 2014, you must provide similar FMLA leave of up to 6 unpaid weeks for parental ...