Blog

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard
September 16, 2018
On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status.
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Back to the Future with the NLRB
September 13, 2018
Prior to August 2015, it was well settled under the National Labor Relations Act (NLRA) that two employers would be considered joint-employers only if they each possessed and exercised direct control over the workforce.
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Extraordinary Employee Misconduct – Threatening Witnesses Through Facebook
September 11, 2018
I am constantly amazed by the lack of judgment that people exhibit in their social media postings.
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DOL Update – New Compliance Office and Wage & Hour Opinion Letters
September 10, 2018
On August 28, 2018, the Department of Labor (DOL) announced the creation of a new “Office of Compliance Initiatives (OCI)” that is designed to “promote greater understanding of federal labor laws and regulations, allowing job creators to prevent violations and protect Americans' wages, workplace safety and health, retirement security, and other rights and benefits.”
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Nevada Supreme Court Addresses Noncompete Agreement With Nationwide Scope
September 10, 2018
In Shores v. Global Experience Specialists, Inc.(Aug. 2, 2018), the Nevada Supreme Court addressed the reasonableness of a noncompete agreement that prohibited post-employment competition with the employer for one year across the United States.
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Your Foreign Worker Was Arrested for DUI, Now What?
September 7, 2018
No employer wants to read in the newspaper (or hear through the office grapevine) that one of its employees was arrested over the weekend for driving under the influence. Unfortunately, that does happen - probably more than you realize.
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Pregnant Woman Fired by Text Message: "Sorry...But It's Not Going to Work Out"
September 5, 2018
File this in the “Managers really can be idiots” folder.
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Extraordinary Employee Misconduct – Giving a Non-consensual Haircut!
September 4, 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 4, 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 30, 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 29, 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 29, 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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