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HTMLDo Not Force Employees to Work during FMLA Leave
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 15, 2014, previously published on August 13, 2014
With technology making work-from-home more and more feasible, it is easier and easier for employees to work while "out" on an FMLA or other leave. If an employee seeks FMLA leave, however, can an employer force an employee to work, even if the work is paid? According to Evans v...

 

HTMLWhen Retaliation Stands the Test of Time
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 15, 2014, previously published on August 14, 2014
Often when we consider the issue of temporal proximity in a retaliation case, we examine it from the standpoint of whether temporal proximity is sufficient to infer retaliatory intent when the adverse action happens right on the heels of the protected activity. What happens, however, if the...

 

HTMLApparently, “Information Security” is Now an Unfair Labor Practice
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 14, 2014, previously published on August 12, 2014
We have an important duty to our customers and our employees to respect the information we hold about them and ensure it is protected and handled responsibly. The trust of our staff and customers is very important, so we take our obligations under relevant data protection and privacy laws very...

 

HTMLYou Might Want To Reconsider If You Send Your FMLA Forms via Regular Mail
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 12, 2014, previously published on August 11, 2014
One of the very first things a lawyer learns in law school is the “mailbox rule.” This rule simply states that if a letter “properly directed is proved to have been either put into the post-office or delivered to the postman, it is presumed ... that it reached its destination at...

 

HTMLBeware The “Anticipatory Pregnancy” Claim
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14), a federal court asked the question of whether an employer could terminate a pregnant employee on the basis of its inability to accommodate her future pregnancy-related job restrictions. Even though the employee won this battle, the...

 

HTMLMore on Anticipatory Pregnancy Discrimination
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 11, 2014, previously published on August 7, 2014
Every so often, I write a post that rankles some feathers. Yesterday’s was one such post. Recall that yesterday I discussed a case in which a court concluded that an employer was justified in firing an employee whose pregnancy restrictions rendered her unfit to perform the duties of her job,...

 

HTMLLinkedIn’s $6M FLSA Settlement Provides a Good Lesson to Employers (Updated)
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 6, 2014, previously published on August 5, 2014
LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor investigation, reports the DOL.

 

HTMLYou Cannot Fire an Employee Who Asks for Time Off for His Pregnant Wife's Medical Appointment
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 5, 2014, previously published on August 4, 2014
One of the very first posts I ever wrote on this blog, all the back in May of 2007, detailed the EEOC’s then-recent publication of enforcement guidance on what it called caregiver discrimination. It seems that more than seven years later, some employers still haven’t gotten the message....

 

HTML6th Cir. Invalidates Individual Waivers of FLSA Collective Action Participation
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 2, 2014, previously published on July 31, 2014
The wage-and-hour class or collective action lawsuit is one of, if not the, greatest risk facing employers. Many of these lawsuits are filed by disgruntled ex-employees. And, many employers seek to limit their risk by securing waivers from employees, in which employees covenant not to participate...

 

HTMLNLRB Seeks to Supersize Its Joint-Employer Standard
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 30, 2014, previously published on July 30, 2014
The NLRB is waging war on employers, and it’s drawing its latest battle line at the McDonald’s drive-in. Yesterday, the NLRB Office of General Counsel announced that it has authorized complaints against 43 different McDonald’s franchises; it also announced that in each case it...

 


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