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On August 21, 2018 the State of Illinois amended the Nursing Mothers in the Workplace Act to prohibit an employer from reducing an employee’s compensation for breaks for nursing mothers. Originally, employers were required to provide “reasonable unpaid break time each day” to express milk, which “must, if possible, run concurrently with any break time […]

The U.S. Supreme Court has delivered a major victory for employers across America – ruling that mandatory arbitration agreements that contain a provision prohibiting any form of class or collective litigation are lawful.  The issue was ripe for consideration at the Supreme Court because there was a split among the Circuit Courts of Appeal as […]

The Office of Management and Budget (OMB) has announced an immediate stay and review of an Obama-era policy requiring pay information to be included on form EEO-1.  The revised form was set to take effect with the next filing cycle in March 2018. The Equal Employment Opportunity Commission (EEOC) has always required companies to report […]

Remember last November when a federal judge put a temporary hold on significant changes to federal labor laws affecting millions of workers and their employers?  We wrote about it here. Last week, the judge issued a final ruling that struck down the proposed changes, which would have required employers either to substantially increase the pay […]

May 02, 2016

Mark Brookstein

NLRB

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Last week, McDonald’s and the National Labor Relations Board (NLRB) faced off in an administrative court to determine whether the fast-food chain is liable for the actions of its franchisees as a joint employer. The case arose out of hundreds of complaints filed by fast food workers alleging they were illegally threatened, disciplined, or fired […]

Currently, employers are not required to pay overtime (time and a half) to “exempt” employees who earn at least $23,660 per year ($455 per week). Exempt employees are those employed in bona fide executive, administrative, computer and outside sales positions. (For more info, check out http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.pdf) That could change rather drastically. The DOL has issued […]

On June 1, 2015, the U.S. Supreme Court held that in order to prevail in a disparate-treatment claim, an applicant need show only that her need for accommodation was a motivating factor in the employer’s decision, not that the employer had actual knowledge of her need. In 2008, Samantha Elauf, a Muslim woman, applied for […]

The Illinois Appellate Court recently issued a decision changing a fundamental aspect of the law on non-compete agreements in Illinois—which may cast doubt on the enforceability of non-compete agreements your company has put in place with new employees in the last two years. Prior to the court’s decision, Illinois law allowed an employer to enforce […]

Along with the New Year come a number of changes to Illinois law that are certain to impact employers. The following changes took effect January 1, 2014: Social Media. The Right to Privacy in the Workplace Act, which was amended effective January 1, 2013 to prohibit employers from requiring employees to disclose usernames and passwords […]

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