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?

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,
Continue Reading Employees Driving In Illinois? What Employers Need to Know

By: Maya Harel

As we blogged earlier this week, the social media era is increasingly impacting the landscape of hostile work environment claims. With that in mind, it is important for employers to understand what it takes for plaintiffs to avoid dismissal of their claims and hold employers liable in sexual harassment cases.

Generally, isolated instances of improper behavior do
Continue Reading One Is All It Takes: How a Single Incident Can Be One Too Many in Sexual Harassment Cases

By Megan H. Poonolly

Many employees today have embraced Facebook, YouTube, Twitter, Reddit and other social media tools as a way to connect with anyone and everyone they know and broadcast their every thought and emotion. Coupled with the proliferation of smartphones, this widespread adoption of social media is increasingly impacting the landscape of sexual harassment claims in the workplace.
Continue Reading Smartphones, Social Media and Sexual Harassment: 5 Steps to Mitigate the Risks of Hostile Work Environment Claims in the Workplace

By Laura J. Maechtlen

Many employers are exploring the idea of flexible work environments; indeed, some would argue that they are the “future” of the modern workplace.  The reasons are obvious:  technological advances, an increased millennial population, demands for work-life balance from employees, and an ever-competitive global marketplace, require corporate America to re-think methods and manner of performing work.   

State
Continue Reading To Flex, or not to Flex – Top Issues Related To Flexible Workplace Arrangements (And Their Legal Compliance Solutions)

By Robert J. Nobile and Johanna T. Wise

‘Tis the season for office holiday parties! As companies across the country are busy planning their annual parties, keep in mind that too much eggnog can sometimes result in employer liability. Particularly when alcohol is involved and inhibitions are down, employers can be a target for litigation if things go awry.  

Even
Continue Reading Don’t Let Too Much Eggnog Ruin Your Office Holiday Party: Tips to Limit Employer Liability at Company Parties

By Erin Dougherty Foley and Lily Strumwasser

A recent study commissioned by Microsoft Corporation found that nearly 80 percent of individuals hiring and recruiting use the Internet to investigate candidates. A major news network indicated that more than 77 percent of employers find information about candidates online, and 35 percent have dismissed candidates based on these findings. At first blush, looking at an applicant’s social media content makes sense – after all, with just a few clicks of the mouse you can find out all sorts of revealing information about job applicants. However, there are also several legal risks associated with viewing applicants’ social media profiles.
Continue Reading With a Few Clicks of the Mouse You Can Uncover What Job Applicants Leave Off Their Resumes

By: Uma Chandrasekaran

You don’t have to be a football fan to have heard about the recent bullying scandal involving the NFL’s Miami Dolphins. On October 28, the Dolphins’ offensive tackle Jonathan Martin left the team amid press reports that he was being bullied by team members.  Less than a week later, the Dolphins announced in a press release that
Continue Reading Tackling Workplace Bullying: Lessons from the Miami Dolphin’s Locker Room

By: Eric Janson & Marc Jacobs

In October 2011, President Obama signed the Federal Trade Adjustment Assistance Extension Act of 2011, which mandated that all states implement a number of changes to their unemployment insurance (UI) laws, including new “UI integrity” provisions that are designed to address one of the biggest weaknesses in the UI system — the payment of
Continue Reading You (Don’t) Have the Right to Remain Silent – How New Unemployment Insurance Integrity Laws May Affect Your Separation and Settlement Agreements with Departing Employees