Labor & Employment Law Update

The U.S. Supreme Court ruled on Thursday that President Obama’s three appointments to the NLRB in January 2012, made without the “advice and consent” (i.e., approval) of the Senate, were invalid appointments.  The case is NLRB v. Noel Canning, and affirms a prior decision of the court of appeals for the D.C. circuit.

As a result, hundreds of cases decided by the NLRB from January 2012 through July 2013 have been rendered void – as if they never happened – because the NLRB did not have a quorum and could not lawfully act.  The NLRB may have to reconsider those cases anew.  That ...

On Tuesday, the 7^th Circuit Court of Appeals vacated an FMLA decision that was in favor of the employer and instructed the lower court to issue a ruling in favor of the employee.  The case involved the application of FMLA to an employee caring for an adult child and the issue regarding information the employee must provide about the duration of the leave and return to work status.  The court’s opinion is instructive on both issues.

Suzan Gienapp worked at a residential nursing care facility.  She requested time off to care for her adult daughter who had to undergo treatment for ...

In a recent workers’ compensation case, the personal and neutral risk defenses have been seriously eroded via an appellate court created exception based on the number of times an employee is exposed to a neutral risk (no greater risk than the general public/no defect) with employer knowledge of the personal condition.

In the case of Village of Villa Park, a community service officer suffered from a right knee condition related to a prior non-work injury (fall on ice at his vacation home).  Due to the injury suffered in that accident, the petitioner was scheduled for ...

HB 8, pushed through the Illinois Legislature and ready to be signed into law by Governor Quinn, amends the Illinois Human Rights Act to add to the list of employment discrimination, an employer’s failure to provide a reasonable accommodation to an employee based on conditions related to pregnancy or childbirth. The new amendment will create a legal quagmire for Illinois employers. Employers currently must balance the rights of employees under the current Illinois Human Rights Act (IHRA), the federal Americans with Disabilities Act (ADA), the federal Family ...

Two armed would-be robbers burst into your workplace demanding money/drugs/computers/merchandise.  One of your employees pulls a gun from his pocket, fires at the thugs, and they run away.  Do you give the employee a bonus …… or do you terminate him?  The sixth circuit recently said it’s ok for employers to enforce policies that prohibit possession of weapons in the workplace and require non-escalation in violent situations.

In Hoven v. Walgreens (Case No. 13-1011) a Michigan pharmacist obtained his concealed carry permit and began bringing his handgun to work after an ...

SB 3287 was signed by Governor Quinn yesterday, June 5, 2014. This legislation effectively overturns the prior (2012) Appellate Court decision in Mockbee and Mockbee v. Humphrey Manlift Company, Inc. and R. Harris Electric, Inc., 973 N.E.2d 376, 362 Ill.Dec. 276.  It eliminates the workers’ compensation exclusive remedy/immunity enjoyed by service companies that provide safety consulting services unless those companies are wholly-owned by the employer, insurance broker or the insurer. Erosion of the exclusive remedy provision always creates more ...

Florida: After much debate in the lower courts, it is settled – employers may not discriminate against pregnant workers in FLA (you couldn’t before under Federal law, but FLA confirms the same).

Iowa:  If you have to notify at least 500 state residents including your employees and applicants of any potential personal information security breach, you must also notify the Iowa Attorney General’s Office of the same.

Maryland: Do you have between 15 – 49 employees?  If so, beginning October 1, 2014, you must provide similar FMLA leave of up to 6 unpaid weeks for parental ...

On July 29, 2013, former Apple employees filed a class action lawsuit claiming that Apple required them to stand in line for up to 30 minutes per workday for a manager to search their bags when they left the premises for lunch or at the end of the workday. The lawsuit allegedly deprived the workers of approximately $1,500 per year in unpaid wages. The FLSA class action case was filed in San Francisco federal district court.

On May 29, 2014, the United States district court for the northern district of California denied Apple’s motion for summary judgment, but stayed all proceedings ...