Employer Law Blog

Helping businesspeople navigate employment law.

In the Tax Cuts & Jobs Act, congress in its infinite wisdom, determined to publically shame or, alternatively, financially burden companies that settle claims of sex harassment. Under the new law, taxpayers will not be allowed to take a business deduction: For any settlement or payment related to sexual harassment or sexual abuse claims if...
Author: employerlawblg
Posted: January 17, 2018, 3:03 pm
On December 21, 2017 the Illinois Appellate Court for the Second District determined that an actual injury is required in order to state a cause of action under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.). Rosenbach v. Six Flags Entertainment Corp. 2017 Illinois Appellate (2nd) 170317. In the Rosenbach case, plaintiff...
Author: employerlawblg
Posted: December 29, 2017, 5:50 pm
We are frequently reminded that the “old” attending networking events and social dinners model of business development will soon be viewed as archaic and simply too costly. Replacing the traditional networking event and social dinner is the ever increasing and efficient use of social media. To this end, companies commonly use social media, such as...
Author: employerlawblg
Posted: November 16, 2017, 8:00 am
As seemingly daily revelations surface of sex harassment allegations in the entertainment/media industry it is imperative for organizations to learn from the mistakes of others when it comes to sexual harassment in the workplace. The plethora of harassment complaints in is not a recent dilemma. In fact, there have been federal and state laws prohibiting...
Author: employerlawblg
Posted: November 13, 2017, 8:00 am
On Monday, October 27, 2017, President Trump nominated Scott Mugno, currently the vice-president for safety at FedEx Ground, to be the new head of the Occupational Safety and Health Administration (OSHA). Mugno is well known in Washington among members of business-oriented organizations. So, what does this mean for employers? Well, Jordan Barab, Deputy Assistant Secretary...
Author: employerlawblg
Posted: November 8, 2017, 8:00 am
In a case of first impression, the Missouri Court of Appeals held that sexual stereotyping can support an inference that discrimination on the basis of “sex” occurred in the workplace. Lampley and Frost v. MCHR, Case No. WD80288 (Mo.App. W.D. 2017). The Appellate Court maintained that sexual orientation is not a “protected-class” under the Missouri...
Author: employerlawblg
Posted: November 6, 2017, 10:01 pm
On October 4, 2017, the United States Department of Justice issued a memorandum reversing its stance on whether the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 includes discrimination based on gender identity. The memorandum was authored by Attorney General Jeff Sessions. In the memorandum, Attorney General Sessions supports...
Author: employerlawblg
Posted: October 12, 2017, 7:32 pm
The Illinois General Assembly has struck again. On August 11, 2017, Governor Rauner signed into law an amendment to the Illinois Human Rights Act providing that discrimination includes a practice by an employer imposing upon a person as a condition of obtaining or retaining employment, including promotion, advancement, or transfer, any terms or conditions that...
Author: employerlawblg
Posted: September 5, 2017, 9:12 pm
Executive Order 13706 established paid sick leave requirements for federal contractors and subcontractors and went into effect on January 1, 2017. Non-complying contractors are subject to monetary damages, attorneys’ fees, equitable relief, and/or debarment from future contracts. How Many Hours Of Paid Sick Leave Are Required? Fifty-six (56) hours annually. Unless employers elect to give...
Author: employerlawblg
Posted: June 19, 2017, 7:42 pm
The SCOTUS handed down a definitive 9-0 decision on a case centered on issues surrounding appellate courts, district courts and Equal Employment Opportunity Commission subpoena requests. How will the decision impact employers?
Author: employerlawblg
Posted: April 18, 2017, 8:43 pm