Tags » Labor And Employment

Ask for Permission, Not Forgiveness: Employment Aspects of Illinois' Biometric Information Privacy Act

Article authored by Neil Johnson, originally published in the July/August 2019 issue of the CBA Record

Facebook’s mantra, “move fast, break things,” mirrors the current technology industry’s treatment of personal data: collect first and disclose later (if at all)… 7 more words


Supreme Court Curtails Availability Of Defense To Employers In Employment Discrimination Cases

July 2019
Number 36

In Fort Bend County, Texas v. Davis, the United States Supreme Court held that the requirement to file an administrative charge with the Equal Employment Opportunity Commission (“EEOC”) prior to filing a discrimination lawsuit, which is set forth in Title VII of the Civil Rights Act of 1964 (Title VII), is not a “jurisdictional” requirement and is thus subject to waiver. 853 more words

Labor And Employment

Court Reaffirms Absences To Attend Medical Appointments May Be Evidence Of A Disability

July 2019
Number 34

In Ross v. County of Riverside, decided on June 20, 2019, the California Court of Appeal for the Fourth Appellate District reaffirmed that repeated or extended absences from work for the purpose of attending doctor’s appointments amount to a limitation on a major life activity, thus physical impairments which cause such repeated or extended absences may meet the definition of a physical disability. 928 more words


Re-Visiting The Tort Of Retaliatory Discharge, with a Focus on the “Citizen Crime-Fighter” Cause of Action

Post Authored by Max Barack

The lone common law exception to Illinois’ at-will employment doctrine is the tort of retaliatory discharge. The tort encompasses two main causes of action: workers who are fired in retaliation for filing workers’ compensation claims, and workers whose firing, in some way, violates public policy (more on that public policy cause of action in a moment). 1,342 more words


PERB Decision Provides Guidance Addressing “Public Hearing” Requirement

March 2019
Number 17

In a recent decision, the Public Employment Relations Board (PERB) addressed the public hearing requirement an agency must satisfy before implementing its last, best, and final offer (LBFO), after completing applicable impasse procedures. 779 more words

Local Government

What is the difference between an Employee and a Independent Contractor?

One of the biggest and toughest decision you can make is when, and in which capacity, you will add people to your team. Startups and new businesses must comply with numerous federal, state, and local employment laws, and noncompliance can pose substantial risks. 661 more words


Court Clarifies Interplay Between Education Code Discipline And The Brown Act’s 24-Hour Notice Requirement

February 2019
Number 14

In Ricasa v. Office of Administrative Hearings, certified for publication on January 14, 2019, the California Court of Appeal attempted to harmonize an apparent dissonance between the Ralph M. 966 more words

Local Government