When is Aberrant Workplace Behavior Sufficient to Justify Termination?

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Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on co-workers. The United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin) recently provided guidance. Continue reading this entry

The Second City Adopts Paid Sick Leave Following Burgeoning National Trend

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Late last month, the Chicago City Council unanimously approved a new paid sick leave ordinance requiring virtually every employer in the city to provide at least some paid time off to employees for sick leave purposes. Cook County’s Board of Commissioners is expected to approve a similar ordinance later this year. Chicago is not forging any new paths by doing so — it is only the latest example of a nationwide trend to mandate that employers provide paid time off to employees to care for themselves or their families — a trend certain to continue and expand. Continue reading this entry

EEOC’s Revised Proposal to Collect Pay Data Keeps Focus on Pay Discrimination Agenda

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As we reported previously, enforcement of equal pay laws and remedying of pay disparities continue to be top priorities for the U.S.Equal Employment Opportunity Commission (EEOC) and U.S. Office of Federal Contract Compliance Programs (OFCCP). The EEOC again highlighted this ongoing focus this past week when it announced revisions to its February 2016 proposal to collect pay and hours-worked data as part of the annual EEO-1 reporting process. In announcing the revised proposal, EEOC Chair Jenny Yang emphasized the agency’s view that pay discrimination remains a “persistent problem” for many workers and reiterated the government’s belief that “[c]ollecting pay data is a significant step forward in addressing discriminatory pay practices.” According to the Q&As accompanying the EEOC’s EEO-1 reporting changes, the EEOC and OFCCP will use the pay data collected via the annual EEO-1 reports to “focus agency investigations,” evaluate complaints regarding pay discrimination, and identify statistical pay disparities warranting further review. Continue reading this entry

Potential Issues for Employers After Brexit (With No Clear Answers Yet)

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The voters in Great Britain caught the world off guard by voting to leave the European Union (EU) after over 40 years of membership. However, after the vote, the questions immediately started. Leaving the EU is governed by a treaty and terms of the “Brexit” will be negotiated between Great Britain and the EU in the next two years. Some of these terms are likely to have significant impacts on the British and European labor force, which employers will need to monitor and take steps to address. Continue reading this entry

Fair Pay and Safe Workplaces Executive Order Moving Forward and the NLRB is On Board

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Earlier this year, the final rule and guidance regarding President Obama’s controversial Fair Pay and Safe Workplaces (also known as the “Blacklisting”) executive order — which requires companies and organizations seeking government contracts in amounts of $500,000 or more to disclose past alleged violations of federal and state labor and employment laws — was sent to the Office of Management and Budget for review and approval. This action means that the final rule is currently on track for publication, possibly as soon as August 2016, and is likely to be implemented before the end of the year, absent intervention from the legislature or judiciary. Continue reading this entry