Electioneering at the Water Cooler: Protections and Pitfalls of Politics in the Workplace

November 15, 2019 by Corey J. Swinick

With the 2020 U.S. Presidential Election less than a year away, political conversations and activities are seeping into almost every aspect of daily life—even the workplace. While discussions on the topic can be harmless, they may also be heated. The Seventh Circuit's decision in Daza v. State of Indiana serves as a cautionary tale and reminder to both public and private employers to proceed with caution when it comes to politics in the workplace. More ›

Attention Minnesota Employers: Duluth Set to Implement New Earned Sick and Safe Time Leave Requirements

November 14, 2019 by Mark T. Berhow

On January 1, 2020, the city of Duluth will join Minneapolis and St. Paul in imposing new sick and safe time leave requirements on employers. Specifically, employers with five or more employees—regardless of where those employees work—must provide their Duluth-based employees with earned sick and safe time (ESST). ESST can be used by employees in order to care for themselves or a family member in situations involving illnesses, injuries, and physical or mental health conditions, as well as domestic violence, sexual assault, or stalking. Minnesota employers should assess whether they have employees working in Duluth to which the ESST ordinance may apply. They should also review their current PTO policies and make sure they comply with the ordinance. More ›

Seventh Circuit Issues Another ADA Decision Involving Obesity Disability, Finds Future Impairments Are Not Covered

November 8, 2019 by Tom H. Luetkemeyer

The Seventh Circuit Court of Appeals has issued another ruling regarding an obesity-related disability accommodation request under the American with Disabilities Act (ADA). Earlier this past summer, we reported on another Seventh Circuit case, in which the court held that obesity is not an ADA-protected disability unless it is caused by a physiological disorder or condition. In Ronald Shell v. Burlington Northern Santa Fe Railway Company, the Seventh Circuit reversed a district court's decision, and ruled that an obese applicant for a safety-sensitive position—who was not hired due to his obesity—cannot claim discrimination under the "regarded as" prong of the ADA. More ›

Federal Court in Montana Rules Demand for a Supervisor Reassignment is not an Appropriate Accommodation under the ADA

November 4, 2019 by Tom H. Luetkemeyer

If you do not like your boss, can you demand your employer provide you with a new one? A federal district court in Montana recently rejected such an accommodation request in a well-reasoned case involving the Americans with Disabilities Act (ADA) and related state law. While the court did not rule out the requested accommodation as unreasonable as a matter of law, it did find the request was not appropriate under the facts of the case. More ›

California Law Prohibits No-Rehire Provisions in Settlement Agreements

October 30, 2019 by Ameneh K. Ernst

California law typically frowns on contracts that restrict a person's ability to engage in trade for their chosen profession. In keeping with this philosophy, the California legislature has passed AB 749, which was recently signed into law by Governor Newsom. Employers are encouraged to review their settlement agreements to address the new prohibition of no-rehire provisions before the law goes into effect on January 1, 2020. More ›

NLRB Provides Section 7 Guidance to Employers Regarding Drafting of Arbitration Agreements

October 23, 2019 by Tom H. Luetkemeyer

There is an ongoing tension between the National Labor Relations Board (the "Board") and employers who seek to expand the use of an arbitration forum to resolve employment disputes. The U.S. Supreme Court has continued to endorse the idea that arbitration is both an important part of national labor policy and a reasonable alternative to litigation in court for employment-related disputes. As the Board issues new opinions and interprets guidance from the Supreme Court, employers are in a position to gain better insight and avoid problematic drafting mistakes in arbitration agreements. More ›

The Suggestion Box: Useful Management Tool or Unlawful Solicitation of Grievances

October 17, 2019 by Tom H. Luetkemeyer

T-Mobile USA, Inc. ("T-Mobile") in 2015 created T-Voice, a nationwide program through which customer service representatives could submit "pain points" regarding certain aspects of the job, including ideas to improve customer service. The majority of these pain points addressed customer service issues, such as billing, fraud procedures, access to computer programs, and at times, the type of music customers were subjected to while on hold. Some of the suggestions have led to action being taken by T-Mobile, like requests for device-charging stations, which resulted in T-Mobile installing three stations. More ›

Under Surveillance: Investigating Intermittent FMLA Abuse

October 14, 2019 by Tom H. Luetkemeyer

Since being enacted in the early 1990s, the Family and Medical Leave Act (FMLA) has provided meaningful protections for employees dealing with their own serious health issues or those of immediate family members through continuous and intermittent leave options. Human resource professionals and employment lawyers alike recognize how valuable intermittent leave is for employees needing periodic care; however, they also recognize this form of leave also is abused. Employers need to be able to effectively investigate suspected benefit abuse and discourage the dishonest use of the FMLA. More ›

Significant Win for Franchisors as McDonald's Dodges Franchisee Wage and Hour Claims

October 8, 2019 by Hinshaw & Culbertson LLP

In a major victory for franchisors, a panel of the Ninth Circuit recently held that McDonald's Corporation cannot be liable as a joint employer for the wage and hour violations of its franchisees. Importantly, the court held that McDonald's involvement with its franchises and franchise workers is focused on maintaining brand standards and "does not represent control over wages, hours or working conditions." However, uncertainty remains over the liability of franchisors that impose more than just branding and marketing standards on its franchisees. More ›

Overtime Rules Update: DOL Adjusts Minimum Salary Requirement for Salaried Employees

October 4, 2019 by Hinshaw & Culbertson LLP

The United States Department of Labor (DOL) made official a new regulation increasing the minimum salary level that salaried employees must be paid to be exempt from overtime. As of January 1, 2020, if a salaried employee makes less than $684 per week—or $35,568 per year—the employee will be entitled to overtime for the hours worked beyond 40 hours in a week. More ›

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