DuPage County, Ill., must face the claim of an ex-employee whose job entailed home inspections who alleges he was denied continued remote work as an accommodation for the Covid health risks he allegedly faced because of his lung dysfunction, a federal judge in Chicago ruled.
Archives for February 7, 2022
Illinois High Court’s Long-Awaited Decision Holds BIPA Claims Not Barred By Workers’ Comp Law
The Illinois Supreme Court rejected a potential defense to claims of alleged violations of the Illinois Biometric Information Privacy Act (BIPA) when it held that the exclusivity provisions of the Illinois Workers’ Compensation Act (IWCA) do not bar claims for statutory liquidated damages brought by employees against their employers under the BIPA. McDonald v. Symphony Bronzeville Park, No. 126511 (Feb. 3, 2022).
WAGE-HOUR COMPLIANCE
Wage and hour laws applicable to California employers are complex and ever changing. We briefly summarize below some of the various rules applicable to private sector, non-union employers and explain why wage-hour audits are critical.
CALIFORNIA COVID-19 SICK LEAVE IS BACK!
Well, it’s finally here. AB 84 was placed in print today. The Legislature has not approved it yet, but apparently will do so next week. If approved, we expect the Governor to sign it without delay (and it will be effective within 10 days). (Of course, anything can happen between now and then. Or in the next five minutes.)
Jenifer Bologna Comments on Company-Wide COVID-19 Testing Policies
Jenifer Bologna Comments on considerations employers should take when implementing a company-wide COVID-19 testing policy in “Employers May Have More Flexibility in Creating COVID-19 Testing Policies,” published by SHRM.
Top Five Labor Law Developments for January 2022
The National Labor Relations Board General Counsel’s office is advocating for overturning Trump-era Board cases defining the scope of National Labor Relations Act-protected activity.
Dowdle Presents at Chapter Meeting for the Society for Human Resource Management
Lindsay Dowdle, a partner in the Labor & Employment Practice Group in the Jackson office, presented “Managing FMLA and ADA Issues” to the Capitol Area Human Resources Association chapter of the Society for Human Resource Management on January 19, 2022. Lindsay provided an overview of an employer’s general obligations under the Family and Medical Leave Act and the interplay with the Americans with Disabilities Act and best practices to handle tricky leave issues.
FordHarrison Grows in 2022 with Four Partners and Seven Associates
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that the firm recently added eleven attorneys to offices throughout the U.S. with more than half of them joining California offices. Hartford, Orlando, Tampa, Washington, D.C., and West Palm Beach are among the other cities with new attorneys.
Illinois’ Workers’ Compensation Act Not a Bar to BIPA Claims
For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for liquidated damages under the Illinois Biometric Information Privacy Act (BIPA). On February 3, 2022, in a unanimous decision, the Court answered that question in the negative
We Need Time to Rehabilitate from the Trauma of the Pandemic
Just like with a physical injury, rushing the recovery might only make things worse.
Sexual Harassment And Assault Forced Arbitration Bill To Get Vote This Week
Sixty million Americans have signed binding arbitration agreements with their employers, and the employees who sign these agreements agree to resolve any disputes before an arbitrator instead of in court.
Open Plan Offices Aren’t Just the ‘Dumbest Management Fad of All Time.’ Research Shows They Also Make People Sick
Open-plan workspaces don’t increase personal communication. Collaboration actually decreases. And so does the overall health and wellness of your employees.
Three Tips For Retaining Workers During The Great Resignation
Unless you’ve been living under a rock, you’ve likely heard the term “Great Resignation” almost every day, whether in the news, your online news feeds or from people in your network.
5 strategies employers can use to address workplace mental health issues
Like other Americans, workers have lost loved ones, connections to friends and family, and the comforts of their daily social rhythms.
The Great Hybridization Is Leading To A Less Personal Workplace: Here Are Some Remedies
A record 4.5 million workers called it quits in November, according to the Labor Department’s monthly report.