Employment Law

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On June 28, the U.S. Supreme Court upheld the Afford­­able Care Act. But the decision does not mean that the validity of the ACA is settled once and for all. Future legal challenges, and, of course, the November elections, may determine the law’s ultimate fate, but for now, prudence is the wisest course of action. Employers should proceed as if the law is constitutional.
Even if you included a new social media policy in your employee handbook recently, it’s time to review it again. The NLRB issued a report recently that called into question the legality of some of the wording employers commonly use in their social media policies.
The Obama administration’s top workplace legislative initiative this year—the Paycheck Fairness Act—died last month when Senate Democrats failed to muster the needed votes.
Back in 2000, the 7th Circuit held that employers are not required to reassign disabled employees to a vacant position for which they are qualified. Although the EEOC recently challenged this position in EEOC v. United Airlines, Inc., the 7th Circuit held its ground, reaffirming its previous decision.
When it comes to securing em­­ployees’ email accounts against internal hacking, leave nothing to chance. Make it clear that you forbid employees from illegitimately accessing co-workers’ email—and that it’s grounds for dismissal.
The U.S. Department of Labor has filed two lawsuits against contractors providing workers to South Florida farms, following investigations into migrant laborers’ working conditions.

Q. We’ve heard in the news about the recently enacted Indiana right-to-work law. Could it have an effect on Illinois employers?

Congratulations! You just won a lawsuit filed by an employee who said you cheated him out of meal breaks. Now, can you get the employee to reimburse your legal fees? No, said the California Supreme Court.
Q. I heard that a new law allows criminal prosecution of employers that commit “wage theft.” Is it true?
OSHA has cited Steeleville-based Gilster-Mary Lee Corp. for safety violations after a dust ex­­plosion severely burned two employees.
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