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Employment Law

U.S. Department of Labor approves Illinois’ OSHA plan

10/02/2009

Illinois has received approval from the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to administer its own occupational safety and health plan for state and local government employees. The federal OSHA law doesn’t cover state and local public employees.

It’s final: Federal contractors must use E-Verify

10/02/2009

The federal government’s requirement that contractors confirm employee eligibility through Homeland Security’s E-Verify database has overcome its final legal hurdle. Several government contractors had sued to block implementation of the online verification requirement, but a federal court decision in Maryland cleared the way for it to take effect.

Quitting time? Performance improvement plan not enough to justify discrimination lawsuit

10/01/2009

Performance improvement plans (PIPs) are great tools to help underperforming employees come up to standards. But some employees think they can file a lawsuit anytime they are placed on a PIP or are justified in quitting. As the following case shows, that’s not necessarily true.

Protected activity can include protesting racial comment

10/01/2009

In some circumstances, all it takes to launch a retaliation lawsuit is a supervisor’s isolated, insensitive comment , as the following case shows.

Suing under CEPA bars related claims

10/01/2009

Here’s a bit of good news for employers. When an employee sues her employer under the Conscientious Employee Protection Act (CEPA), she can’t add additional common-law claims (such as defamation) based on the same facts. That means no second bite at the litigation apple.

N.J. workers’ comp scofflaws now face stiffer penalties

10/01/2009

This summer, Gov. Jon S. Corzine signed a bill raising fines for employers that knowingly fail to provide workers’ compensation coverage for their employees. The new law also sets higher penalties for employers that misrepresent employees as independent contractors.

Court: Electronic arbitration agreements are valid

10/01/2009

The New Jersey Supreme Court has ruled that arbitration agreements that exist only in electronic form are valid and binding.

Report blasts urban employers

10/01/2009

A controversial study of employment practices in the New York City region, Chicago and Los Angeles has found that employers routinely stiff low-paid workers, breaking wage-and-hour laws and illegally thwarting union organizing efforts.

Attorney-client privilege: It does apply when e-mailing from work

10/01/2009

The rise of electronic communication has forced employers and courts to take a fresh look at many issues that used to be considered routine. The age-old concept of attorney-client privilege is the latest one to whipsaw through the courts.

UPS picks up EEOC ADA lawsuit

10/01/2009

The EEOC has filed a disability discrimination lawsuit against UPS in federal court in Chicago. The suit alleges the package delivery giant consistently refuses to allow disabled workers to take extended medical leave as a reasonable accommodation. The EEOC filing seeks to make the suit a class action.