Protecting Employers Since 1985
In my introduction, I reprinted my commentary from 2005 on why private sector unions are in such a state of decline. Those factors are true today. Here is a list of the factors without my 2005 commentary: 1. Traditional base is disappearing 2. Management is far more sophisticated in countering the threat of unions 3.…
Read MoreOne of the most difficult and time consuming tasks that has confronted me over my lengthy career as a Management Labor Employment Lawyer is the continuing lack of documentation – i.e. evidence – that exists when I am attempting to defend either a Union Grievance, an EEOC Charge, etc. The most important thing that a…
Read MoreMinnesota statutes section 181.9413 permits employees to use “personal sick leave benefits” provided by their employers, for absences due to their child’s illness or injury. In essence, then, state law “rewrites” employer sick leave benefits which, not surprisingly, typically require that the employee must be sick to use the benefit. The statute permits employees to…
Read MoreFrom President Trump’s Recent Executive Order and the U.S. Supreme Court’s Anticipated Decision this spring on Use of Public Bathrooms According to One’s Gender Identity, to a Case Pending in Minnesota Federal Court Involving Claims of Discrimination in Health Care under the Affordable Care Act and the Minnesota Human Rights Act On February 22nd, the…
Read MoreThere are many good reasons for which a company fires one of its employees. Some of these reasons are: Theft by the employee; The employee is not performing well; The employee is deliberately violating company rules and policies; and/or The employee is insubordinate. But, strangely, not all good reasons for firing an employee lead to…
Read MoreAs most of the Employers in the State of Illinois are aware, there has been recent activity by the City of Chicago, the County of Cook and the Illinois State Legislature to create specific provisions providing “Sick Leave” for Employees. The City of Chicago City Council enacted the Chicago Ordinance that provides up to forty…
Read More(Fourth part of the series on the State of Labor Unions in America) Right to work laws are often misunderstood. They really do only one thing – such a law makes it illegal in that particular state for a union contract to have a provision calling for mandatory union membership. Stated another way, when a…
Read MoreWith an increasing pace, the news is filled with lawsuits against companies who use independent contractors. This marked litigation trend spans the entire United States and shows no sign of letting up. Companies who use independent contractors need to carefully review their practices with their independent contractors and try to reduce their risk in using…
Read MoreThe Equal Employment Opportunity Commission (EEOC) has recently released statistical data on its Enforcement/Litigation for Fiscal Year 2016 (October 1, 2015 – September 30, 2016). A total number of 91,503 Charges of Workplace Discrimination were filed in FY 2016, which is approximately a 3% increase in Charges from FY 2015. Furthermore, over the twelve (12)…
Read More1. Employee Classification As employers are aware, the dreaded U.S. Department of Labor Rule changes which would have required overtime payments to many employees now classified as exempt, are frozen in legal limbo following an injunction preventing the implementations of those rules. Although an expedited appeal of the lower court’s injunction is moving forward, the…
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