By Ashley Laken

Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations Act by discharging one of its employees for posting an insidious Facebook video or by filing a defamation lawsuit against two former employees.


Continue Reading NLRB Publishes Advice Memo Finding that Company Maintained Unlawfully Overbroad Work Rules But Did Not Violate NLRA By Discharging Employee for Facebook Video or Filing Defamation Suit Against Two Former Employees

By Erin Dougherty Foley and Craig B. Simonsen

Blog1In a DOL blog posted last week we learn that driving-related crashes are the number one workplace killer.

Remember … we’ve warned against driving and phone usage before. “Employees Using Cellphones And Other Portable Devices While Driving: Should Employers Ban This Completely?”, and “Employees Driving In Illinois? What
Continue Reading Beware Strangers Bearing Gifts! DOL Promotes “Free” National Safety Council “Cell Phone Policy Kit”

By Pamela Q. Devata, Cameron Smith, and Courtney S. Stieber

On April 16, 2015, the New York City Council passed Intro-261-A, a bill that would amend the New York City Human Rights Law to make it an unlawful discriminatory practice for an employer to use an individual’s consumer credit history in making employment decisions. In particular, the bill makes
Continue Reading New York City To Prohibit Use of Credit History in Employment Decisions

By Sara Eber Fowler and Johanna T. Wise

Last week, an en banc panel of the Sixth Circuit Court of Appeals took a fresh look at whether Ford Motor Company’s decision to deny an employee’s request to telecommute four days a week violated the ADA. Reversing its prior ruling from last year (previously reported here), the 8-5 panel in
Continue Reading So Is Telecommuting A Reasonable Accommodation? Not So Fast Says The Sixth Circuit, Reversing Course.

By Nadia Bandukda

The Family and Medical Leave Act (“FMLA”) arms employees with two types of causes of action against employers. First, its “retaliation/discrimination” provisions prohibit employers from discharging or discriminating against employees for “opposing any practice made unlawful” by the FMLA.  Second, the FMLA’s “interference” provision states that it is “unlawful for any employer to interfere with,  restrain, or
Continue Reading Employer Intent Is Immaterial In FMLA Interference Claims

By Sara A. Eber

Scanning the news as of late, you may have heard a lot about e-cigarettes: those battery-powered cartridges with blue LED lights that look like real cigarettes, but instead of emitting tobacco smoke, release a vapor mix of nicotine and water. They even come in tantalizing flavors, like bubble gum, piña colada, and cantaloupe. According to e-cigarette
Continue Reading It’s Getting Foggy Out There: In The Haze of E-Cigarette Popularity and Regulation, What’s an Employer To Do?

By Christine Costantino

Sometimes all you need is a fresh start…or two.  In its third attempt at filing a complaint challenging an inflexible 12-month leave limitation policy, the EEOC injected new life into an ongoing battle against maximum or “no-fault” leave policies by classifying them as impermissible “qualification standards” in violation of the ADA.

Last month, the Chicago-based U.S. District
Continue Reading Third Time’s the Charm: The EEOC Successfully Asserts Inflexible Leave Policies are Impermissible Qualification Standards under the ADA

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
Continue Reading New Bill Proposes Expansion of FMLA to Include Smaller Employers and Parent Involvement Time

By Lawrence P. Postol

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
Continue Reading Temporary Disabilities – No Need To Worry About The ADA, Right? Think Again

By James R. Beyer

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
Continue Reading Employees Using Cellphones And Other Portable Devices While Driving: Should Employers Ban This Completely?