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Blog

OSHA Injury Tracking Application Now Up and Running
August 1, 2017
The Occupational Safety and Health Administration (OSHA) promulgated new rules effective January 1, 2017, which required additional reporting of injuries and illnesses by employers with 250 or more employees or employers with 20-249 employees in “hazardous industries.”
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Recent Illinois Developments in Employee Non-Compete and Trade Secret Enforcement Actions: What Every Employer Should Know
July 31, 2017
Over the past several months, state and federal courts in Illinois have issued several important decisions that will impact employers’ efforts to enforce post-employment restrictive covenants and protect their trade secrets.
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Changes to Overtime Rule Appear Inevitable
July 31, 2017
Last week, the U.S. Department of Labor (DOL) published an official request for information (RFI), seeking input on alternatives to the 2016 overtime rule proposed by the former administration.
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OSHA’s Guidelines for Employees Working during the “Dog Days of Summer”
July 27, 2017
OSHA initially launched the “Heat Illness Prevention” campaign in 2011 to help educate employers and employees on the dangers that may arise when working in hot environments. This year, OSHA re-emphasized its plan of action and published a “Quick Card,” which outlines several ways for employers to maintain the safety of their employees.
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Fictional Mailbag: Is An Employer-Provided Placebo A Reasonable Accommodation Or An ADA Violation?
July 26, 2017
The letters in the (fictional) mailbag never fail to surprise the staff at The Bullard Edge.  Today’s letter does not disappoint.  Tee Rickey, the HR Manager of a local company, asks a question about reasonable accommodation for an employee with a mental disability.
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Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action Waivers
July 25, 2017
Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the driver could proceed with a wage and hour class action lawsuit against Uber.
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USCIS Reinstates Premium Processing Option for H-1Bs for Certain Nonprofit and Educational Institution Petitioners
July 25, 2017
U.S. Citizenship and Immigration Services (USCIS) announced yesterday that it will now accept requests for premium processing services for H-1B petitions filed by petitioning employers that fit into any of the following categories:
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SCOTUS Issues Decision Expanding Qualifying Relationships for Exemption from Revised Travel Ban
July 24, 2017
On July 17, the U.S. Supreme Court issued a decision clarifying the application of its June 26 ruling reinstating the revised travel ban that now blocks entry to the U.S. for certain applicants from Yemen, Sudan, Somalia, Syria, Libya, and Iran.
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The NLRB Thinks High School Sports Referees Can Unionize
July 20, 2017
I became the commissioner of my daughter’s county basketball league when she was nine.  No one else would “step up.”  The prior year, a player had slapped another player in the handshake line at the end of a game in retribution for rough play (by an 8-year-old girl!) and no game commissioner was there to intervene.
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Medical Marijuana Usage May Require Accommodations
July 19, 2017
Employers are well aware that many states have adopted laws permitting the use of marijuana for medicinal purposes, and sometimes without demonstrating medicinal need. Since these laws were enacted, a variety of cases have been percolating in the courts relating to these statutes, some of which allege claims against employers who have enforced policies relating to drug testing and drug use at work.
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New I-9 Form Takes Effect September 18, 2017
July 18, 2017
On July 17, 2017, U.S. Citizens and Immigration Services (USCIS) published a revised Form I-9, the form used to verify employee identity and authorization to work in the United States.
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Massachusetts High Court: Medical Marijuana User Can Sue for Handicap Discrimination
July 17, 2017
A year ago, a Massachusetts state court considered for the first time whether employers are required to accommodate the off-site use of medical marijuana by disabled employees.  The court answered that question in the negative, ruling that a private employer has no duty to tolerate an employee's use of medical marijuana as an accommodation for a disability under Chapter 151B of the Massachusetts General Laws.
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Tweets Follow

Oct 16

New #SHRM Federal Court Report: EEOC’s Investigative Authority Continues After Case Otherwise Resolved. https://t.co/0tGhAvfchi

Oct 16

New #SHRM Federal Court Report: Employee Who Did Not Respond to Employer Loses ADA, FMLA Claims. https://t.co/De04euFZBx

Oct 04

October Immigration Update: H-1B premium processing, new interview requirements, and I-9 update. https://t.co/L6rojItPsz