So-called force majeure clauses typically are contained in contracts to excuse performance by the parties for acts of God, impossibility of performance, disaster, and other circumstances beyond the control of the parties. This clause may have particular application for those of you who supply parts…
Employers are increasingly asking questions about what plans to put in place and how to respond to instances of Coronavirus disease (COVID-19) in the workplace. Employers are also rightfully concerned about the legal limits as to what they can say to employees and when an employee can be excluded…
On January 12, 2020, the U.S. Department of Labor (DOL) announced its final rule to narrow the definition of “joint employer” under the Fair Labor Standards Act (FLSA) and provide clarity to businesses about franchise and contractor relationships.
In the final rule, the DOL specified that in a…
Extra pay may entice employees to sign on, produce income, or continue employment. Perhaps the employer offers signing bonuses to attract the best and brightest. Maybe the company persuades key employees to endure a reorganization or other difficult times by offering a “stay bonus” or hedges its…
On December 12, 2019, the Department of Labor (DOL) announced a final rule governing the regular rate of pay requirements under the Fair Labor Standards Act (FLSA). This is the first significant update relating to calculation of an employee’s regular rate in over fifty (50) years. The regular rate…
Indiana employers striving for strong but enforceable competitive restraints on their employees have new guidance from the Indiana Supreme Court’s decision in: Heraeus Med., LLC v. Zimmer, Inc., No. 19S-PL-471, 2019 WL 6485087 (Ind. Dec. 3, 2019)
Kolbe initially worked as a regional group director…
Illinois enacted its Equal Pay Act in 2003 (the “Act”) to prohibit employers from engaging in discriminatory payment practices based on an employee’s sex or race. Amendments recently took effect on September 29, 2019, that (1) expand the scope of the equal pay provisions and (2) prohibit employers…
In the wake of the #MeToo Movement, the Illinois legislature and Governor J.B. Pritzker have enacted new legislation to prevent sexual harassment and unlawful discrimination in the workplace. The legislation changes existing laws and enacts ones, imposing additional requirements and limitations for…
A recent decision of the Seventh Circuit Court of Appeals sensibly finds that an employer’s failure to address behavior problems immediately does not necessarily forfeit its right to count those “black marks” on the employee’s record when making employment decisions later. The court also confirms…
On August 8, 2019, the Department of Labor (“DOL”) issued its opinion that the FMLA covers employees’ attendance at meetings to discuss the Individualized Education Program (IEP) of their children.
Background. The employer denied a mother’s request to take intermittent FMLA leave to attend her…
On June 12, 2019, the Seventh Circuit Court of Appeals determined that obesity qualifies as a disability under the Americans with Disabilities Act (ADA) only if it results from an underlying physiological disorder or condition.
Background. In Richardson v. Chicago Transit Authority, 926 F.3d 881 (7…
On September 19, 2019, the Chicago District Office of the Equal Employment Opportunity Commission (EEOC) announced a settlement agreement with CITGO Petroleum Corporation’s Lemont, Ill., refinery, to resolve allegations that CITGO violated the Americans with Disabilities Act (ADA).[1] As a part of…
