Articles and Blogs

Illegal Conduct at Work What is the right thing to do when you become aware that your employee has done something illegal at work?  Some employers may be reluctant to tell law enforcement authorities what their employee did out of fear of being sued for defamation by the employee.  A very recent case decided by... READ MORE

Pregnant Employee with 10 Pound Lifting Restriction – What to Do? Is it unlawful discrimination for an employer to place a pregnant part-time merchandise stocker with a 10-pound lifting restriction on an involuntary unpaid leave? In this recent case decided by the Seventh Circuit, the Court said “No“. . . there was no unlawful... READ MORE

The EEOC keeps track of what it’s doing.  Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges.   READ MORE

When is “Treatment” actually treatment under the FMLA? Imagine that your employee who has been diagnosed with anxiety and chronic back pain asked for FMLA leave for an afternoon doctor appointment.  Your employee had already provided a doctor’s certification that his condition required periodic treatments but the afternoon appointment was with a different doctor.  So, you... READ MORE

Earlier this week, the NLRB continued its scrutiny of “overly broad” employer policies.  This time the NLRB held that a hospital’s “No-Access” rule for off-duty employees was unlawful because it gave too much discretion to the employer to determine what access was permitted.  The hospital’s policy was not at all that unusual and provided:  READ MORE

In an interesting display of seeming uncertainty, the NLRB’s Division of Advice recommended the dismissal of an unfair labor practice charge against an employer.  In this case, a union alleged that an employer unlawfully threatened its employees over a flyer containing statements that the worksite was contaminated with toxic, unhealthy chemicals.  In an effort to... READ MORE

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