Together with labor economists and political pundits, employment counsel and HR professionals keep wondering if and when U.S. hiring figures will rebound. The economy as a whole seemed to have turned a corner as 2014 got underway – new jobs figures had been strong for months, unemployment was declining steadily. The Federal Reserve, accordingly, announced that its
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Seyfarth Shaw LLP
New Bill Proposes Expansion of FMLA to Include Smaller Employers and Parent Involvement Time
By Tracy Billows, Annette Kim, and Abigail Cahak
Finding balance, being able to spend more time with children, aging parents, and still maintaining a job are hot topics we regularly see in the media. Well, if Congresswoman Carolyn B. Maloney has her way, the Family and Medical Leave Act (“FMLA”) will be expanded to address some of these…
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The EEOC Wake-Up Call On Employment Separation Agreements
By Jeffrey Ross & Condon McGlothlen
We’ve raised concerns for a long time that there are a lot of employment separation agreements floating around that do not necessarily reflect best practices. So the EEOC’s recent lawsuit challenging CVS’s separation agreement is not all that surprising.
The EEOC complaint alleges that the CVS form “constitutes resistance to the full enjoyment of…
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Recent Settlement Highlights EEOC’s Commitment to Genetic Information Nondiscrimination Act Enforcement
By Clark Smith
Back in September, we blogged about the EEOC’s recent enforcement of the Genetic Information Nondiscrimination Act. GINA prohibits employers from requesting genetic information from applicants or employees, and from making employment decisions based on the genetic information. In May 2013, the Commission settled its first GINA‑based action against a Tulsa fabric manufacturer, Fabricut, Inc. Last month, the…
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Temporary Disabilities – No Need To Worry About The ADA, Right? Think Again
Before Congress passed the 2008 Amendments to the Americans With Disabilities Act (“ADA”), courts generally held temporary disabilities were not covered by the ADA. Thus, if an employee had a temporary condition such as a broken leg or acute bronchitis, employers after the 12 weeks of Family Medical Leave Act (“FMLA”) leave ended, often required employees…
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Employees Using Cellphones And Other Portable Devices While Driving: Should Employers Ban This Completely?
Earlier this week, we blogged about the Illinois Vehicle Code that became effective on January 1, 2014. We advised that “The enactment of this amendment provides Illinois employers with the opportunity to publish (or create) a policy that tells employees that they are NOT to talk on their mobile phones while on company business and in…
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Employees Driving In Illinois? What Employers Need to Know
James L. Curtis, Erin Dougherty Foley, and Craig B. Simonsen
Effective January 1, 2014, the Illinois Vehicle Code, at 625 ILCS 5/12-610.2, was amended to prohibit driving while using an electronic communication device, including hand-held wireless telephones, hand-held personal digital assistants, or portable or mobile computers.
The amendment provides for exceptions including the use of hands-free devices,…
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Obesity is a Disability. Wait: Is Obesity a Disability?
It may soon be easier for obese plaintiffs to claim disability discrimination. The American Medical Association (AMA) recently declared obesity as a “disease,” which may have supersized implications for employers as they deal with reasonable accommodation requests and disability discrimination claims from overweight employees. So is obesity a disability? Can employers defend these claims on the…
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Separating Fact from Fiction: Analyzing the Equal Employment for All Legislation and the Use of Credit Checks in Employment Decisions
By Pamela Devata, Paul Kehoe & Alnisa Bell
On December 17, 2013, Elizabeth Warren (D-Mass.), along with six other senators, introduced a bill, otherwise known as the Equal Employment for All Act, that would amend the Fair Credit Reporting Act (the “FCRA”) to prohibit employers from using or obtaining consumer reports for prospective and current employees containing any information…
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Big Bang Or Fizzle? EEOC Internal Annual Report Reveals FY2013 Booms And Busts
The EEOC’s FY 2013 Performance and Accountability Report came out earlier this week. Our Colleagues who blog about Workplace Class Actions have provided a great “year in review” analysis. Click here to review their report.
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