DOL Creates New Websites to Help Businesses with Employment Law Compliance

The Department of Labor announced on October 17, 2018 two new web pages intended to assist both businesses and workers on compliance with the laws enforced by the Department of Labor’s Wage and Hour Division, including the Fair Labor Standards Act, the Family Medical Leave Act, and Child Labor Laws. These web pages, developed in response to employer…
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Front Line Supervisors: Are They Exempt from Overtime and Union Bargaining Units?

Whether front line supervisors and working foremen are exempt from bargaining units is always a contentious issue during union election campaigns. They perform much the same work as rank-and-file employees, but have some managerial functions. Whether they meet the National Labor Relations Act’s Section 2(11) definition of a supervisor is evaluated on a case-by-case basis.…
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Employer Liability for Distracted Workers and Drivers is Plentiful

Last week I published one of my most popular blog posts: Remote Text Sender Now Liable for Distracted Driver’s Crash. Most people who read that post probably thought about employment laws – since that seems to be the thought process of most of my readers. But distracted driving also implicates other areas of law, too. …
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Illinois Non-Competes Require Promise of Two Years of Employment

Last fall the Illinois Supreme Court decided to not review an appellate court’s decision holding that (absent other conditions) two years of employment is required for a restrictive covenant to be deemed supported by adequate consideration – even where the employee signed the restrictive covenant as a condition of his employment offer and even where…
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Poultry Processor Sued by EEOC for Disability Discrimination for Firing Anemic Employee

According to the complaint filed by the Equal Employment Opportunity Commission (EEOC), Erica Sutton suffers from anemia. Sutton was hired by House of Raeford, a North Carolina poultry processor, on a box construction line. The box line employees were moved to the debone department, which is in a cold work environment. Sutton informed her supervisor…
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Remote Text Sender Now Liable for Distracted Driver’s Crash

This post is for all of you (and me) who have sent text messages to people you knew were driving when you sent the message or you knew would likely read your text while driving.  A New Jersey appellate court has held that a remote texter can be held liable to third parties for injuries…
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