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Search OptionsInsightsIndiana Blue Pencil Doctrine is More of a Blue Pen Doctrine as it Permits Courts to Strike through but not Erase Unenforceable Provisions in Restrictive Covenants
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)… Illinois Expands Equal Pay Act Provisions and Prohibits Employers from Asking Applicants' Wage and Salary History
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… 
Illinois Responds to the #MeToo Movement with New Sexual Harassment Legislation
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,… 
Employers Gain By Noting Discipline Problems As They Occur
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… 
FMLA Covers an Employee's Attendance for CSE/IEP School Meetings
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… 
Seventh Circuit Weighs Whether Obesity Is A Disability Under The ADA
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 … 
CITGO Petroleum Will Pay Applicant $162,500 to Settle EEOC ADA Discrimination Suit
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… 
A Flexible Interactive Process Decides the Appropriate Accommodation
The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits disability discrimination in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of… 
Community Reinvestment Act Proposed Rulemaking Update
On December 12, 2019, the Federal Deposit Insurance Corporation (“FDIC”) and the Office of the Comptroller of the Currency (“OCC”) (together, the “Agencies”) issued a joint notice on proposed rulemaking and a request for comment (collectively, the… 
Brokered Deposits Restrictions Proposed Rulemaking Update
On December 12, 2019, the Federal Deposit Insurance Corporation (“FDIC”) issued a notice of proposed rulemaking and a request for comment (collectively, the “Proposed Rule”) with proposed updates to their brokered deposit regulations.1 While the… Judy L. Woods to Present at National Business Institute "Sophisticated Deposition Strategies" Seminar
Krieg DeVault LLP is pleased to announce that Judy L. Woods will present at the National Business Institute's "Sophisticated Deposition Strategies" seminar on Friday, December 20. Judy will discuss "Preparing the Witness" and "Taking the… 
Take Five: 5 Things You Need to Know About Indiana Government
1. House Republicans Elect Speaker-Elect 
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