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Illinois

Must we pay for lactation breaks?

03/14/2011
Q. Are employers required to pay employees for break time taken under the Nursing Mothers Law?

What are the new rules affecting breastfeeding?

03/14/2011
Q. What does the Break Time for Nursing Mothers Law (also known as the Nursing Mothers Law) contained in the Affordable Care Act (ACA) require of employers?

Handling layoffs: Can waivers cut your WARN Act liability?

03/14/2011
Mass layoffs trigger employer obligations under the Worker Adjustment and Retraining Notification Act, which requires some employers to provide advance written notice of a “plant closing” or “mass layoff” to their employees. But sometimes, those obligations can be waived. A recent 7th Circuit case—Ellis v. DHL Express, Inc.—held that employees who voluntarily entered into a severance agreement released their employer from liability under the WARN Act.

Federal disability law doesn’t cover security screeners

03/14/2011
The 7th Circuit Court of Appeals has ruled that airport security screeners are not covered by the federal Rehabilitation Act. That means that the TSA doesn’t have to consider disabled applicants or accommodate those who may become disabled while working for the agency as security screeners.

When administering job tests, ensure they’re job-related and fair to all employees

03/14/2011
Be wary of employment tests that seem to have a disparate impact on members of a protected class. You must be ready to show the tests are valid and focus on the real skills required to do a job.

Car salesman fired over Packers necktie lands on feet

02/25/2011

Before the Chicago Bears played the Green Bay Packers in the NFC Championship game, car salesman John Stone wore a Packers necktie to work at Chicago’s Webb Chevrolet. General Manager Jerry Roberts asked Stone to remove the tie. He refused and was fired. When Roberts learned of Stone’s reason for wearing the tie, he offered him his job back. By then Stone had already packed up to move to rival Chevrolet of Homewood.

When manager recommends firing subordinate, investigate to make sure bias isn’t a factor

02/25/2011

If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.

Have a progressive discipline system? Use it every time

02/18/2011
Employers that bend their disciplinary rules after an employee files a discrimination or harassment complaint almost guarantee they will face a jury if the employee sues. Courts often see such deviations as evidence of retaliation.

Setting sound policies, following processes to a ‘T’ increase odds of winning in court

02/18/2011

Employers that follow their own disciplinary process—even in cases involving difficult employees—benefit if those employees sue. When courts see a reasonable disciplinary policy that is applied evenhandedly, they rarely second-guess an employer’s decision to fire an employee.

What’s this I hear about a partnership between the government and the ABA to help employees sue?

02/11/2011
Q. I’ve heard that employees may soon be getting free legal services to sue employers. Is this true?