Showing 99 posts from 2015.

DOL Issues Updated FMLA Certification Forms

June 22, 2015 by Hinshaw & Culbertson LLP

The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. More ›

California Labor Commissioner Delivers a blow to the ride Sharing Independent Contractor Concept

June 19, 2015 by Hinshaw & Culbertson LLP

The decision to classify workers as independent contractors versus employees can be a costly one, but nevertheless, continues to be a decision many employers make quickly and without regard for the potential risks. In California, the risks are significant, given the extensive Labor Code protections afforded to employees, and the resulting penalties. More ›

Texas Supreme Court Clarifies Employer Liability on Obvious risk in Workplace Injuries

June 18, 2015 by Mellissa A. Schafer

It's not too often that we hear of an employer being able to escape liability for a workplace injury, where the injury does, in fact, happen to an employee and it happens in the workplace. Below, we'll discuss a case where an employer did just that, however. More ›

Dazed but Slightly less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge

June 16, 2015 by Aimee E. Delaney

If you are in one of the 23 (and counting) states, which permits the medically authorized use of marijuana, you need to take note of a Colorado Supreme Court decision issued yesterday. The decision itself is based on the specific language of the Colorado medical marijuana statute, but the decision may nonetheless be an important guide for employers nationwide wrestling with how to enforce drug and drug testing policies in states where the use of marijuana has been legalized. More ›

Chicago Minimum wage hike is here: are you Ready?

June 12, 2015 by Aimee E. Delaney

You may recall that last December, just as Chicagoans were starting to hunker down for another cold, snowy winter, the Chicago City Council made national news by passing an ordinance that will raise the minimum wage for Chicago workers. More specifically, the ordinance will gradually raise the minimum wage for Chicago workers over the course of the next four years from the current $8.25/hour to $13/hour. More ›

San Francisco Retail Workers gain new Rights — what Employers need to Know

June 12, 2015 by Hinshaw & Culbertson LLP

On July 3, 2015, San Francisco adds another law to its long list of city-wide labor ordinances. In addition to the City's laws on paid sick leave, minimum wage, family friendly workplace, and health care security, employers should now get acquainted with Formula Retail Labor Protections, also known as the Retail Workers Bill of Rights. More ›

11th Circuit Declines to Aggregate Workers of Multiple Contractors for WARN Act Notification Purposes

June 11, 2015 by Hinshaw & Culbertson LLP

Closing up shop and winding down a business can have significant legal ramifications for employers if not handled appropriately. The WARN Act was designed to prevent surprise upon unsuspecting groups of employees, but the law is relatively straightforward as to which employers must comply with these rules and under what circumstances. More ›

OSHA Issues Guidance on Transgender Workers and Workplace Restrooms

June 10, 2015 by Aimee E. Delaney

For those savvy employers staying ahead of the curve, here’s something new: OSHA has published a “Best Practices” guide addressing restroom access for transgender workers.  To be clear, as “guidance,” the OSHA publication is not a rule or regulation, and does not create legal obligations for employers. Still, this is the latest development in a fast-changing area of employment law, with protections for transgender workers shifting (it feels) all the time.  More ›

General Acknowledgment of Receipt of Employer's Policies Sufficient to Compel Employee to Arbitrate

June 4, 2015 by Hinshaw & Culbertson LLP

In recent years, the courts and state legislatures across the country have been interpreting and enforcing laws regarding arbitration more strictly. What this means is that a lot of existing arbitration agreements no longer pass muster and must be revised in order to be compliant with the ever-changing laws. In this particular case, the employee's agreement to arbitrate employment disputes stood up, and it was because the employer had the right language in its policy documents. Read on. More ›

Employee Allowed to Pursue Claim Despite Failure to Follow Rules

June 4, 2015 by Hinshaw & Culbertson LLP

One of the first things a savvy employer or employer's attorney may do upon receipt of a claim, charge, or complaint, is look for deficiencies which may serve as a bar to suit.  More ›

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