On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management.
In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal...more
Just weeks ago, it was hard to open any social media application without seeing a post or news article concerning popular content creators The Try Guys. The internet stars have been trending since mid-September after...more
On March 9, 2022, the U.S. Court of Appeals for the Seventh Circuit issued an employer-friendly decision in Anderson v. Nations Lending Corporation. Despite some facially bad facts - including that the employee was discharged...more
The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state...more
On March 23, 2020, the U.S. Department of Transportation (DOT) issued guidance to DOT-regulated employers, employees, and service agents regarding drug and alcohol testing concerns during the ongoing COVID-19 pandemic. In the...more
On March 24, 2020, Wisconsin Governor Tony Evers issued “Emergency Order #12: Safer at Home Order” in response to the COVID-19 pandemic. The order, which requires Wisconsin residents to “stay at home or place of residence”...more
Following a nationwide trend (including California, Delaware, Illinois, Pennsylvania, and other states), Wisconsin Governor Tony Evers announced he will be issuing a safer-at-home order in response to the COVID-19 outbreak....more
The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations...more
3/2/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Drug Testing ,
Employer Liability Issues ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Transportation Industry ,
Trucking Industry
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more
8/5/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Best Management Practices ,
Corporate Counsel ,
Disability Discrimination ,
Discipline ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Insubordination Policy ,
Interactive Process ,
Poor Job Performance ,
Reasonable Accommodation
After ending 2018 with a slew of new employment laws, Illinois continues to enact legislation impacting employers. Following the example set by California, Washington, and other states recently, the Illinois legislature...more
6/12/2019
/ #MeToo ,
Anti-Harassment Policies ,
Board of Directors ,
Corporate Governance ,
Diversity ,
Employer Liability Issues ,
Equal Pay ,
Federal Arbitration Act ,
New Legislation ,
Pay Equity Laws ,
Sexual Harassment ,
State Labor Laws ,
Woman Board Members
Employers frequently wonder when to pay bonuses to employees on leave under the Family and Medical Leave Act (FMLA). Do employees who do not meet certain goals due to leave qualify for such bonuses?...more
A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages...more
5/6/2019
/ Bodily Injury ,
Constitutional Challenges ,
Damage Caps ,
Damages ,
Employer Liability Issues ,
Motions to Quash ,
OK Supreme Court ,
Pain and Suffering ,
State Constitutions ,
Workplace Injury ,
Wrongful Death
On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints. In doing so, it reversed...more
With winter on the way, it is a good time for employers to review the relevant wage and hour laws that can be triggered by inclement weather. Likewise, it is also a good time for employers to ensure their policies comply with...more