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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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14 Jul 2016 Posting a Resume is Now Required in Illinois to Receive Jobless Benefits

  Jobseekers in Illinois who apply for unemployment benefits on or after July 17, 2016, will have to register for employment services and post at least one resume to the state’s job search website before they can receive unemployment payments (unless an exemption applies), according to the Illinois Department of Employment Security (IDES).   Although the IDES is characterizing its announcement as a “reminder” that applicants for unemployment insurance benefits must show they are looking for work by registering for employment services, the requirement to post…

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11 Jul 2016 More Flu Vaccine News – EEOC Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII

  As summer temperatures soar, one might think the last thing to worry about is the upcoming flu season. And while that may be true in most respects, the flu is on the minds of the Equal Employment Opportunity Commission (EEOC). A lawsuit filed by the EEOC sheds light on the issue for healthcare employers who impose mandatory flu vaccine requirements on employees as a condition of continued employment.   The EEOC alleges in EEOC v. Mission Hospital, Inc. – a lawsuit that includes class…

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08 Jul 2016 Court Provides Roadmap for Managing ‘Intolerable’ Behavior From Employee with Disabilities

  What is an employer to do when a long-standing employee with a known anxiety disorder engages in a public display of suicidal gestures and disruptive behavior? Don’t act in haste, but if careful consideration of the situation leads to a termination, the decision-making process may withstand scrutiny in court.   That’s the outcome in a recent ruling from the Seventh Circuit Court of Appeals in Felix v. Wisconsin Dept. of Transportation, which provides a thorough and detailed analysis of a challenging situation involving an employee…

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06 Jul 2016 Survey Says: 73% of Employees Taking FMLA Are Non-Exempt, and Other Tidbits

  The latest survey from our friends at Employers Resource Association of its members focuses on employers’ practices and employees’ usage. Here are some of the findings:   Employers have several options for how they count the applicable 12 month period. Not surprisingly, the great majority (63 percent) of employers use the rolling 12-month period. 9 percent of respondents’ employees have used Family and Medical Leave Act (FMLA) leave during the last year. This includes substantial numbers of employees taking intermittent leave and substantial numbers taking longer term…

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05 Jul 2016 NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity

  Whether the National Labor Relations Board (NLRB) is issuing rulings invalidating employee handbook policies that encourage civil behavior among employees or attempting to get discharged employees reinstated after profanity-laced Facebook rants against their supervisors, the board seems determined to push the limits of what can be considered “protected concerted activity” under the National Labor Relations Act (NLRA). Regardless of whether an employer is a union shop or not, under the NLRA employers may not take adverse action if the employee’s conduct qualifies as protected…

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27 Jun 2016 What Ohio Employers Need to Know About Medical Marijuana

  Earlier this month, Ohio Gov. John Kasich signed House Bill 523 into law, making Ohio the 25th state to legalize medical marijuana.  Those with HIV/AIDS, Alzheimer’s, cancer, epilepsy, glaucoma, or one of several other medical conditions may qualify for medical marijuana with their doctor’s recommendation.  Many employers may be concerned that come September when the law goes into effect, employees will start coming into work under the influence, affecting both safety and productivity in the process.  They likely don’t need to worry, though –…

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24 Jun 2016 Minneapolis Employers Brace for Paid Sick Leave

At the end of May, the Minneapolis City Council passed a controversial ordinance that will require all employers with at least one employee working in the city of Minneapolis to provide sick leave. The ordinance will become effective on July 1, 2017.  Highlights of the ordinance include:   Eligibility:   – Eligible employees include any employee who works within the geographical boundaries of the City and works at least 80 hours in a year.  Eligible employees include full-time, part-time, and temporary employees so long as…

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24 Jun 2016 Chicago Workers to Earn Paid Sick Leave as Trend Continues in Big U.S. Cities

Employers who have a Chicago-based workforce will need to begin preparations for their employees to earn and use up to five paid sick days per year now that the Chicago City Council has taken action to require sick time benefits.   The new requirement, scheduled to go into effect July 2017, will allow workers within the city to earn one hour of sick time for every 40 hours of work, up to a maximum of five paid days per 12-month period.  Workers also will be…

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24 Jun 2016 EEOC Provides Additional Guidance on Employer Wellness Program Notice

In a recent press release, the Equal Employment Opportunity Commission (EEOC) has offered supplemental resources to assist employers in complying with Americans with Disabilities Act (ADA) notice requirements associated with their use of employee wellness programs and collection of employee health information as part of the same. Specifically, the EEOC directs employers to its Sample Notice for Employer-Sponsored Wellness Programs and a Q&A discussion relating to such sample and required notice. These resources address how to comply with the employer’s obligations to inform employees what…

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23 Jun 2016 EEOC Critical of NLRB’s Investigation Confidentiality Concerns

An Equal Employment Opportunity Commission (EEOC) task force has released a comprehensive report on its 18-month study on the issue of harassment in the workplace. The Select Task Force on the Study of Harassment in the Workplace consisted of a select group of outside experts impaneled to examine harassment in the workplace and was co-chaired by two current EEOC Commissioners, Chai Feldblum and Victoria Lipnic. They recently published the “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace.”…

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