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BT Currents - Hot Topics in Employment Law

03 Feb Illinois Employee Sick Leave Act: Legislature’s Quick Fix

The Illinois Employee Sick Leave Act went into effect on Jan. 1, 2017. As previously reported, the act requires employers who provide sick leave benefits in Illinois to allow employees to use the sick leave time for the injury, illness or medical appointment of the employee’s children and certain other family members. In its original form, the act was confusing to employers with respect to its breadth and applicability. In an effort to clear up the confusion, and less than two weeks after the act…

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30 Jan Trump Administration Quick Hitters: Acting EEOC Chair Named, Chief of Staff Requests Regulation Freeze, and DOJ Requests Delay in Fifth Circuit Appeal of OT Rule

  It’s only been a week, but the Trump administration has already been busy making its presence felt in the world of labor and employment.   New EEOC Acting Chief   On Wednesday, President Trump appointed current EEOC Commissioner Victoria Lipnic, a Republican, as the Acting Chair of the Commission.  Originally appointed to the Commission by former President Barack Obama in 2010, her term is set to expire in 2020. Lipnic had previously served in a high-level position in the Department of Labor during the…

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14 Dec A U.S. Supreme Court ADA Showdown Is A-Brewin’: Eleventh Circuit Contradicts Seventh Circuit Regarding Non-Competitive Mandatory Reassignments

  This past week, the U.S. Court of Appeals for the Eleventh Circuit (encompassing Florida, Georgia, and Alabama) reignited an old-fashioned statutory interpretation duel. Ok, it’s not as exciting as the Earps vs. the Clantons at the O.K. Corral, but it certainly has more far-reaching ramifications for employers and employees alike.   The issue: whether, when an employee with a disability cannot perform the essential functions of his or her current job, the Americans with Disabilities Act (ADA) requires mandatory reassignment of minimally qualified individuals…

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12 Dec Litigation Battle Over Minneapolis Sick Leave Ordinance

  As explained in an earlier blog, Minneapolis passed a controversial paid sick leave ordinance in the spring. The ordinance affects all private employers with one or more employees working at least 80 hours in a calendar year in Minneapolis – which equates to 1.5 hours per week.   In response, the Minnesota Chamber of Commerce commenced litigation in Hennepin County District Court, seeking injunctive relief to halt the ordinance, which is to become effective July 1, 2017. On Dec. 8, the court did not…

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08 Dec OSHA Contemplates Workplace Violence Standard for Healthcare, Social Assistance Workers

  On Dec. 7, Occupational Safety and Health Administration (OSHA) published a Request for Information (RFI) as to whether a standard should be developed to address workplace violence in the healthcare and social assistance sectors. The RFI specifically seeks information on issues that might be considered in developing a standard, including its scope and the types of controls that might be required.   In issuing this RFI, OSHA explained that workplace violence in the healthcare and service assistance industries is substantially higher than in all…

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