Articles and Blogs

In Mitchell v. JCG Industries and Koch Foods, the plaintiffs, a class of unionized employees, alleged that their employer violated the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law by failing to pay them for time spent donning and doffing protective and sanitary clothing at the beginning and end of their... READ MORE

On March 25, 2014, the United States Supreme Court issued its ruling in United States v. Quality Stores, Inc., et al., holding in an 8-0 decision that severance payments made to employees involuntarily terminated from employment are generally considered taxable wages under the Federal Insurance Contributions Act (“FICA”).  The decision overturns an earlier ruling... READ MORE

Employers covered by Title VII of the Civil Rights Act are required to reasonably accommodate the religious practices of employees as long as it doesn’t create an undue hardship on the employer’s operations.  Determining whether to accommodate (and how to accommodate) an employee or applicant’s request for a religious exception can be challenging, particularly... READ MORE

If you conduct background checks on applicants or employees, then you are probably aware that there are several laws that regulate the use of background checks for employment purposes.  Specifically, the Federal Trade Commission (“FTC”) enforces the Fair Credit Reporting Act (“FCRA”), a federal law that imposes obligations on employers who use third parties... READ MORE

The OFCCP recently published regulations that significantly revise the affirmative action requirements for qualified individuals with disabilities (“IWDs”) and protected veterans.  The new regulations, which apply to covered federal contractors, become effective on March 24, 2014.  READ MORE

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE

Time to Get Serious The NLRB has scheduled two days for public comment on the proposed “Quickie Election Rule” that we reported in our article “Quickie Election Rule II” – The NLRB Tries Again earlier this month.  The meetings will be held in Washington D. C. on April 10 and 11.  The deadline for written comments... READ MORE

On February 12, 2014, President Obama signed Executive Order 13658, which raises the minimum rate of pay for federal contractors to $10.10 per hour.  The rate is subject to increases each year in relation to increases to the Consumer Price index.  This bold action by the president came after he was unable to convince... READ MORE

U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting cap-subject H-1B petitions on April 1, 2014 for Fiscal Year (“FY”) 2015.  Employers should be aware of this fast-approaching deadline to maximize the possibility of obtaining H-1B spots for foreign national employees.  READ MORE

Can a Temporary Condition Be Considered a “Disability” Under the ADA?  The answer is yes, it can be, according to a recent case by a federal appeals court.  Ever since Congress amended the ADA in 2008 to be more broad and inclusive in its scope, there has been some confusion about whether or not a... READ MORE