Articles and Blogs

In an effort to reach out to employees who may not be aware of their rights for a leave of absence under the FMLA, the U. S. Department of Labor has set up a webpage that contains a great deal of helpful information.  The information is contained in a downloadable 16-page booklet – “Need Time? The... READ MORE

Indiana’s statewide smoke-free air law begins July 1, 2012 and every county in Indiana will be covered by a smoke-free air law. Nearly all public places in the state, including restaurants and other workplaces, will be smoke-free. Breathe Indiana Website The state has established a very helpful website that will help Indiana employers and... READ MORE

The Seventh Circuit, which covers Indiana, Illinois, and Wisconsin, recently ruled that a bank’s alleged bias against one of its managers based on the immigration status of the manager’s husband is not actionable under Title VII.  (In other words, Title VII doesn’t cover discrimination based on immigration or citizenship status.)  In affirming the lower... READ MORE

The NLRB’s requirement that most private employers post a notice of employee rights was struck down by the courts.  But in doing a work around, the NLRB has established a webpage that specifically deals with “Protected Concerted Activity”. A Map Tells the Stories The page tells the stories of more than a dozen recent cases... READ MORE

The NLRB’s Acting General Counsel issued a Memorandum  on May 30, 2012 clarifying and outlining its position on the lawfulness of employer social media policies.  The Memorandum discusses several recent cases where the NLRB determined that certain private employer policies were overbroad and interfered with employee rights under the NLRA.  The section of most interest... READ MORE

The IRS recently issued Notice 2012-40 providing guidance on the $2,500 maximum annual limit on employee contributions to health care flexible spending accounts (“FSAs”) as set forth in the Affordable Care Act. The full text of the Notice can be found here. The Act states that the limit is effective January 1, 2013 for... READ MORE

Starbucks has a reputation for making great coffee.  It values that reputation and when employees use obscenities in the store in front of customers something has to be done. That’s what happened at a Starbucks store in Manhattan where a vocal union organizer got even more vocal in the store and used obscenities in... READ MORE

The ADA requires employers to attempt to reasonably accommodate qualified individuals with a disability.  But what about a Certified Mammography Technician who suffered 14 epileptic seizures on the job in a two year period? In this case a federal court held that this hospital employee was not qualified and also presented a direct threat... READ MORE

Complaints of harassment don’t always result in liability for an employer.  Here’s a case in point. A Syrian born Muslim physician employed at Stroger Hospital in Cook County wrote letters and lodged formal complaints over the years about his treatment by a female coworker who was also a physician in the same department.  The... READ MORE

Resumé fraud.  Resumé padding.  Falsified job applications.  Call it what you like, but the topic has figured prominently in the media as of late due to the discovery that a CEO of an international internet company, allegedly embellished his resumé. READ MORE