Blog
Extraordinary Employee Misconduct – Giving a Non-consensual Haircut!
September 5, 2018
A recent case involved rather odd facts. Apparently an employee arrived at work with windblown hair. Her co-worker said “I can fix that for you.” The employee responded, “Sure, go ahead.”
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“No-Fault” Attendance Policies and Roll-Off Attendance Points under the FMLA
September 5, 2018
It is a question that often plagues Human Resources Departments: To what extent do company policies regarding attendance apply to employees on protected leave?
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The NLRB’s Mediation Push
August 31, 2018
The Equal Employment Opportunity Commission and comparable state agencies use mediation to assist in resolving cases, and several Courts require parties in a suit to participate in it. You know what other agency has it – the National Labor Relations Board (“NLRB”)—and it has been in place since December, 2005. Who knew?
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Time to Update Those FMLA Forms!
August 30, 2018
Finally! The new Family and Medical Leave Act (FMLA) forms and notices are here!
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Illinois Requires Paid Break Time for Nursing Moms
August 30, 2018
Last Friday, August 21, 2018, Illinois governor Bruce Rauner signed a bill amending the Illinois Nursing Mothers in the Workplace Act (the “Act”) to provide paid break time to nursing mothers “as needed” to express milk during work hours. The new requirement took effect immediately, and applies to all Illinois employers with more than five employees.
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EEO Tips: Mandatory Flu Shot Policies
August 29, 2018
Believe it or not, summer is almost over and itis again time to think about flu vaccines! How effective will they be this year, will you and your family get shots, and will the flu shot be required for your employees?
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Wage and Hour Tips: When is Travel Time Considered Work Time
August 29, 2018
One of the most confusing areas of the FLSA is determining whether travel time is considered work time. The following provides an outline of the enforcement principles used by Wage Hour to administer the Act.
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New York State Draft Sexual Harassment Policy, Complaint Form, and Training Released
August 29, 2018
Late last week, New York State launched a new website offering sexual harassment resources for employees and employers, including the much anticipated model sexual harassment policy, complaint form, and training called for by the sexual harassment legislation enacted last year.
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Race Discrimination Under Section 1981 – The Lines Are Blurred
August 29, 2018
A recent case brought something to my attention that I had not focused on before.
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USCIS recent policy changes, Part 1: USCIS extends premium processing suspension, reverses course on NTA issuance, and announces new RFE policy
August 29, 2018
On Tuesday, August 28, USCIS announced a broader suspension of premium processing for H-1B petitions filed by employers.
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No Fault Attendance Policy Violates ADA, Claims EEOC
August 28, 2018
The Equal Employment Opportunity Commission continues to focus on the implications of the Americans with Disabilities Act on employer "no fault" attendance policies.
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Unemployment Drug Testing Could Increase
August 28, 2018
In 2017, Congress passed a resolution to undo an Obama-era Department of Labor rule regulating drug testing for unemployment benefit recipients. After President Donald Trump approved the resolution, the DOL officially rescinded the rule, which limited drug testing to applicants in particular industries and positions, and those previously terminated for drug use.
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