NLRB Unsuccessfully Challenges Court’s Invalidation of “Ambush Election Rule”

August 1, 2012 by Hinshaw & Culbertson LLP

As many employers may recall, the Chamber of Commerce of the United States of America (“Chamber”) filed suit against the National Labor Relations Board (“NLRB”) earlier this year in an effort to invalidate the “ambush election rule.” Essentially, the Chamber sought to invalidate the rule which it claimed would make responding to union campaigns more difficult for employers. The Chamber argued that the rule imposes drastic changes to the procedures for conducting workplace elections, which in turn deprives employers of a fair opportunity to explain the consequences of unionizing to its employees. More ›

Illinois Prohibits Employers from Seeking Facebook Passwords

August 1, 2012 by Hinshaw & Culbertson LLP

On August 1, 2012, Illinois Governor Pat Quinn signed into law a provision that amends the Illinois Right to Privacy in the Workplace Act to make it illegal for employers to ask employees or applicants for passwords or other account information related to their social networking accounts. The law also prohibits employers from demanding access to such accounts in any other manner. More ›

NLRB: Hospital’s Practice of Asking Employees not to Discuss Ongoing Investigations of Misconduct Interfered with Employees’ Rights

August 1, 2012 by Hinshaw & Culbertson LLP

The National Labor Relations Board has ordered an Arizona hospital to end its practice of asking employees not to discuss alleged employee misconduct with co-workers while the hospital is investigating the alleged misconduct. With one member dissenting, the Board made clear that it will allow an employer to limit employees’ discussion of an ongoing disciplinary investigation only if a unique justification arises during the investigation. More ›

District Court: Affordable care act does not Provide Private Cause of Action to Employee Denied Private Space for Expression of Breast Milk

July 20, 2012 by Hinshaw & Culbertson LLP

The Patient Protection and Affordable Care Act (i.e., the ACA or “Obamacare”) requires employers to provide their employees with comfortable opportunities to express breast milk while at work. Specifically, the ACA mandates that employers must provide employees with unpaid breaks during which to express breast milk as well as “a place, other than a bathroom, that is shielded from view and free from intrusion with coworkers and the public” in which to do so. 29 U.S.C. §207(r). A federal district court judge in Iowa ruled earlier this week, however, that an employee whose rights are violated under this provision may not sue her employer. Instead, she must file a claim directly with the Department of Labor, which is then charged with enforcing the rules. More ›

Eighth Circuit: Current Economic Downturn was an “Unforeseeable Business Circumstance” Under the WARN Act

July 6, 2012 by Hinshaw & Culbertson LLP

The Worker Adjustment and Retraining Notification (WARN) Act requires qualifying employers to provide written notice at least 60 calendar days in advance of plant closings and mass layoffs. An exception to the Act exists, however, for “unforeseeable business circumstances.” Under that exception, no advance notice is required when the layoff event is the result of business circumstances caused by a sudden, dramatic, and unexpected condition. In its July 2, 2012, decision in United Steel Workers Local 2660 v. U.S. Steel Corp., the Eighth Circuit approved a shortened WARN Act notice for the employer, holding that the current economic downturn fell within that “unforeseeable business circumstances” exception. More ›

NLRB: Retailer Violated NLRA by Forcing Non-Union Workers to Distribute Flyers Apologizing for Bothersome Union Organizing Efforts

June 28, 2012 by Hinshaw & Culbertson LLP

The National Labor Relations Board ruled earlier this week that an employer violated federal law when it required non-union employees to distribute fliers apologizing for union protests in front of its store. More ›

D.C. Circuit Upholds Large Jury Verdict in Favor of Male Sexual Harassment Victim

June 25, 2012 by Hinshaw & Culbertson LLP

A prominent female lobbyist employed her former personal trainer, a Serbian immigrant, at her lobbying firm and agreed to sponsor his H-1B visa so that he could stay in the United States. Over the course of his three-year employment with the firm, the employee claimed that he was consistently harassed with sexual propositions and innuendo by his female supervisor. More ›

Illinois Court: Participation in Employer’s own Discrimination Investigation After EEOC Complaint is Protected Activity Under Title VII

June 22, 2012 by Hinshaw & Culbertson LLP

It is generally a rule that an employer may discipline its employee for his behavior during an internal investigation of alleged discrimination. A federal district court in Northern Illinois recently joined the Sixth and Eleventh Circuits, however, in recognizing an exception to that rule: where the investigation occurs after a complaint has been filed, employees who participate are protected from discipline by Title VII. More ›

Breaking News: U.S. Supreme Court Finds Pharmaceutical Sales Reps Exempt as Outside Salespersons Under FLSA

June 19, 2012 by Hinshaw & Culbertson LLP

This morning the U.S. Supreme Court issued its decision in Christopher et al. v. SmithKline Beecham, finding that SmithKline properly classified its pharmaceutical sales representatives as "outside salespersons" and thus exempt under the wage and hour requirements set forth in the Fair Labor Standards Act.  More ›

Wal-Mart Follows Properly-Drafted Accommodation Policy, Still ends up Potentially Liable for Retaliation

June 15, 2012 by Hinshaw & Culbertson LLP

The Seventh Circuit issued a decision earlier this week which reminds employers that following a properly-drafted policy does not necessarily guarantee freedom from legal complications in all cases. More ›

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