Blog

New York State Revised Sexual Harassment Policy, Complaint Form, and Training Released
October 1, 2018
Approximately one-week before the deadline for employers to revise their sexual harassment policies, and after reviewing hundreds of comments from the public on its previously-released draft sexual harassment policy, complaint form, and training, New York State issued updated guidance, as well as a final model policy, complaint form, training, and revised Frequently Asked Questions on these topics.
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Restriction Friction: Illinois and New York Attorneys General Finalize Settlement with WeWork That Limits Noncompetition Provisions
September 27, 2018
On September 18, 2018, Illinois Attorney General Lisa Madigan and New York Attorney General Barbara Underwood reached a settlement with WeWork, a shared offices company that provides services around the world.
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USERRA Claim Allowed to Proceed When Veteran Applied to Position at Different Location of Prior Employer
September 26, 2018
In Scudder v. Dolgencorp, LLC, the United States Court of Appeals for the Eighth Circuit held that members of the military who apply for new jobs with their former employers upon returning from deployment are protected by federal law which requires companies to rehire veterans.
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Lawsuit Over Health Insurance Coverage for Gender Reassignment will Proceed
September 26, 2018
A lawsuit against Essentia Health and HealthPartners regarding denied coverage for gender transition care has been allowed to proceed past a motion to dismiss.
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Responding to Employee Activism
September 26, 2018
The month of September saw at least two major work walkouts in support of the #MeToo and #BelieveSurvivors movements.
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Eleventh Circuit Rehabilitates Racial Harassment Claim
September 26, 2018
To state a claim for harassment or hostile work environment, a claimant must establish, among other things, that he or she was subjected to conduct that was (1) unwelcome, (2) related to his or her protected status (e.g.,  race, sex, religion, etc.), and (3) severe or pervasive.
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Ninth Circuit Reminds Us of the Breadth of the “Regarded As ” Prong of the ADA
September 26, 2018
To bring a claim of disability discrimination under the ADA, a plaintiff must establish that he or she is entitled to coverage under the act because he or she is actually disabled, is regarded as disabled, or has a record of being disabled.
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Employers with 50-Plus Full-Time Employees Should be Prepared to Respond to IRS Penalty Notices under ACA
September 26, 2018
Late last year, the IRS began enforcing the employer mandate under the Affordable Care Act (the “ACA”) by sending letters to large employers containing proposed Employer Shared Responsibility Payments (“ESRPs”).
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What, #MeToo??
September 25, 2018
It has become an all too familiar story in this age of #MeToo: a supervisor using managerial authority to pressure a subordinate to give sexual favors.
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Do Employers Need to Keep Copies of I-9 Backup Documents?
September 25, 2018
Within three business days of the date the employee begins employment, employees are required to present original documents (not copies of documents) that demonstrate their identity and employment authorization.
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Illinois Employers Now Required to Reimburse Employee Expenses
September 24, 2018
In late August, Illinois Governor Bruce Rauner signed into law an amendment to the Illinois Wage Payment and Collection Act requiring employers to reimburse employees for “all necessary expenditures or losses incurred by [employees].”
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Wellness Programs: Is Financial-Use Marijuana A Thing?
September 23, 2018
Today’s (fictional) mailbag letter comes from Jay Blunt, the owner of a local publishing company.  Jay asks us to help him evaluate an employee’s request that he be permitted to use marijuana (CBD specifically) without penalty under the drug and alcohol policy so that he can quit tobacco and qualify for the financial benefit in the company’s wellness program.
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