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The Legal Stuff
BT Currents - Hot Topics in Employment Law

19 Oct Don’t Forget: New Procedures for Illinois Charges of Discrimination

On Aug. 24, the Illinois Human Rights Act (IHRA) was amended to increase filing timeframes, allow for employee opt-out provisions, and modify the structure of the Illinois Human Rights Commission. These amendments significantly altered the charge-filing process for employees on the state level.   More Time to File Employees now have 300 calendar days from the date of the alleged discriminatory act to file a charge of discrimination with the Illinois Department of Human Rights (IDHR) under the IHRA, as opposed to 180 days.  …

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18 Oct New Federal Lawsuit Pits Religion Against Gay Rights in Employment Context

On Oct. 6, the U.S. Pastor Council and Hotze Health & Wellness Center filed a federal class action lawsuit against the Equal Employment Opportunity Commission (EEOC) and Attorney General Jeff Sessions in Texas. Plaintiffs seek a declaratory judgment that Title VII violates the Religious Freedom Restoration Act (“RFRA”) and the First Amendment because it does not provide a religious exemption. The U.S. Pastor Council is a non-profit council of approximately 1,000 churches and Hotze Health & Wellness Center is a private Christian-owned business whose owner…

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17 Oct HARASSMENT POLICY: WHAT SHOULD WE CALL IT?

Last week we hosted the latest webinar in our “How To …” series, focusing on the nuts and bolts of a harassment policy in light of #MeToo. When I started preparing, I thought, “Not that much has changed as far as what your policy should say.” While I still think that’s true for a company that already had a well thought-out policy, the webinar was quite well-attended and we had more good questions and comments from the audience than we could keep up with – a good…

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08 Oct Ninth Circuit Destroys Uber Drivers’ Misclassification Suits

On September 25, a three-judge Ninth Circuit panel ruled unanimously that Uber Technologies Inc.’s arbitration agreements with its drivers are enforceable, based in part on the recent Epic Systems Corp. v. Lewis ruling issued by the U.S. Supreme Court.   The Ninth Circuit’s decision effectively dismantles a class of hundreds of thousands of Uber drivers who alleged that they were misclassified as independent contractors instead of employees. As a result, any Uber drivers who seek to pursue their misclassification claim must do so through individual…

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05 Oct Can Charter School Teachers Unionize? Here’s How to Know

In many states, charter schools are a creature of statute often operating within the blurred line between public oversight and private ownership, which places them in a legal grey area when it comes to federal labor statutes.   The National Labor Relations Act (“NLRA”) applies to most private employers, but its jurisdiction does not extend to the federal government or any state or political subdivision thereof. Although the NLRA does not define “political subdivision,” it has long been defined to include two situations: when an…

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