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As previously reported, the National Labor Relations Board (“NLRB”) requires virtually all employers, union and non-union, to post a new employee rights notice as of November 14, 2011. The new NLRB poster is now available for free download at www.nlrb.gov/poster. The 11”X17” notice should be posted in a conspicuous location, where all other labor law notifications are posted.
In a case of first impression, the Northern District of Illinois recently held in Bell v. Village of Streamwood (Case No. 10 C 3263) that an employee-union representative privilege exists as a matter of federal common law.
On August 27, 2011, the National Labor Relations Board (“NLRB”) adopted a rule, which becomes effective as of November 14, 2011, that requires employers to notify employees of their rights under the National Labor Relations Act (“NRLA”). This Notice requirement applies to millions of private-sector employers that fall under the jurisdiction of the NLRA.
On June 27, 2001, Florida Governor Rick Scott signed a new law implementing several significant reforms to the Florida Unemployment Compensation Program. The new law is meant to save the state money, reduce taxes on employers and help get Floridians back to work. Among other reforms, the definition of “misconduct” under the new law has been expanded making it easier for employers to successfully defend unemployment insurance benefit claims.
In a rare FLSA victory for employers, the 11th Circuit recently handled down a key decision for employers seeing to limit their exposure to attorneys’ fees in FLSA actions which, in many cases, can far exceed the amount of damages suffered by the employees. In Dionne v. Floormasters Enters, 2011 U.S. App. Lexis 15560 (11th Cir July 28, 2011), the court effectively held that employers can avoid paying attorneys’ fees in FLSA cases by paying the employees all wages claimed, plus the statutory liquidated damage amount, prior to judgment.
Chicago Partners Jason Tremblay and Jenifer Caracciolo, and former partner Paul Starkman, recently obtained a significant victory on behalf of a global travel technology company. The client was sued by a former employee for gender and disability discrimination, as well as retaliation, after the employee was terminated for his violation of the company’s medical leave policy.
As previously reported, the Genetic Information and Nondiscrimination Act (“GINA”) was passed into law by President Bush in 2008 and became effective on November 21, 2009. On November 9, 2010, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final regulations that interpret and implement Title II of GINA. The final GINA regulations take effect on January 10, 2011. This article summarizes GINA and some of its significant regulations, as well as provides constructive guidance to employers in order to help them comply with GINA.
In today's day and age, when social media and networking have become an everyday occurrence, legal issues continue to arise. One such recent issue that has reared its head before the National Labor Relations Board is whether postings by employees on social media sites such as Facebook are protected activities under the scope of the National Labor Relations Act. As discussed in the November 8, 2010, New York Times article Company Accused of Firing Over Facebook Post
The 2010 edition of Arnstein & Lehr Chicago Partner Jason Tremblay’s handbook, Employment Law Toolkit, is now available. The handbook is a comprehensive resource highlighting the significant employment and labor issues facing Illinois employers. It provides practical and cost-effective advice on avoiding employment and labor-related liability and complying with state and federal laws facing employers. [...]