SmithAmundsen LLC

Many—if not most—employment discrimination and retaliation lawsuits involve a company’s decision (a) to terminate or otherwise discipline an employee or (b) not to hire a particular applicant. And the reason why the company made its decision is quite possibly the most important fact in the majority—if not all—of these cases.
Continue Reading Putting Your Business In A Strong Position To Defend Against Employment
Discrimination Claims

Employers with 100 or more employees in Illinois have begun receiving notice that it is time for their business to comply with obtaining their Equal Pay Act Registration Certificate (“EPRC”). In order to obtain the EPRC from the Illinois Department of Labor (“IDOL”) a business must complete an EPRC Compliance Statement, submit their Federal EEO-1 disclosure and provide pay data regarding their Illinois employees. 
Continue Reading Illinois Department of Labor Posts Equal Pay Act Registration Certificate
Compliance Statement Sample and FAQ’s

Contributed by Jeff Risch and Sara Zorich, April 27, 2022

Employers with 100 or more employees in Illinois have begun receiving notice that it is time for their business to comply with obtaining their Equal Pay Act Registration Certificate (“EPRC”). In order to obtain the EPRC from the Illinois Department of Labor (“IDOL”) a business must complete an EPRC Compliance Statement, submit their Federal EEO-1 disclosure and provide pay data regarding their Illinois employees.  Recently, the IDOL, updated its website to provide employers with additional guidance on compliance and samples.

The new FAQ’s have provided clarity for employers
Continue Reading Illinois Department of Labor Posts Equal Pay Act Registration Certificate Compliance Statement Sample and FAQ’s

Contributed by Sara M. Rose on April 22, 2022

Below are some of the latest state updates –

INDIANA

Indiana Code 24-4.9-3-3, which addresses “reasonable” delays in reporting data security breaches, was amended by H.B. 1351 to impose a forty-five (45) day limit on reporting breaches of certain personal information.  Effective July 1, 2022, employers must notify Indiana residents, including employees and applicants, no later than forty-five (45) days after discovering a breach of certain personal information.

MASSACHUSETTS

The COVID-19 Massachusetts Emergency Paid Sick Leave Program ended on March 15, 2022.  However, employers may continue to seek reimbursement for qualifying
Continue Reading Local and State Employment Law Update: COVID-19, Wage Transparency and Criminal Records

Below are some of the latest state updates – INDIANA Indiana Code 24-4.9-3-3, which addresses “reasonable” delays in reporting data security breaches, was amended by H.B. 1351 to impose a forty-five (45) day limit on reporting breaches of certain personal information.  Effective July 1, 2022, employers must notify Indiana residents, including employees and applicants, no later than forty-five (45) days after discovering a breach of certain personal information. MASSACHUSETTS The COVID-19 Massachusetts Emergency Paid Sick Leave Program ended on March 15 …
Continue Reading Local and State Employment Law Update: COVID-19, Wage Transparency and
Criminal Records

Contributed by Beverly Alfon, April 19, 2022

Board diversity requirements have hit the headlines again due to a recent ruling by a California Superior Court judge who struck down a 2020 California law (AB 979) that required companies headquartered in California to have from one to three board members who self-identify as a member of an “underrepresented community,” which includes Asian, Black, Latino, Native American, and Pacific Islander individuals, as well as those who are gay, lesbian, bisexual or transgender. It allowed the Secretary of State to fine companies who did not comply. The court found for the plaintiff,
Continue Reading The Push For Corporate Board Diversity Requires Your Attention, Regardless of Legal Challenges

Board diversity requirements have hit the headlines again due to a recent ruling by a California Superior Court judge who struck down a 2020 California law (AB 979) that required companies headquartered in California to have from one to three board members who self-identify as a member of an “underrepresented community,” which includes Asian, Black, Latino, Native American, and Pacific Islander individuals, as well as those who are gay, lesbian, bisexual or transgender. It allowed the Secretary of State to fine companies who did not comply. The court found for the plaintiff …
Continue Reading The Push For Corporate Board Diversity Requires Your Attention, Regardless
of Legal Challenges

Contributed by Michael Hughes, April 18, 2021

union protesters crowd landscape background illustration

On April 11, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, seeking a return to the NLRB’s long-abandoned Joy Silk doctrine. Under that doctrine, unions may obtain representational status, simply by claiming to have the support of a majority of a private employer’s employees (typically through union card signing)—and putting the burden on the employer to affirmatively demonstrate a good-faith doubt as to that majority status in order to
Continue Reading “Card Check 2.0” — NLRB General Counsel Seeks to Resurrect Long-Dead Joy Silk Doctrine to Help Unions Organize Employees

On April 11, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, seeking a return to the NLRB’s long-abandoned Joy Silk doctrine. Under that doctrine, unions may obtain representational status, simply by claiming to have the support of a majority of a private employer’s employees (typically through union card signing)—and putting the burden on the employer to affirmatively demonstrate a good-faith doubt as to that majority status in order to lawfully …
Continue Reading “Card Check 2.0” — NLRB General Counsel Seeks to Resurrect Long-Dead Joy
Silk Doctrine to Help Unions Organize Employees

Contributed by Sara M. Rose on April 14, 2022

map of United States

Below are some of the latest state updates and posters —

CALIFORNIA

Minimum Wage Poster

The City of Pasadena has updated its Minimum Wage Poster to reflect a $16.11 hourly minimum wage rate, effective July 1, 2022 through June 30, 2023. The minimum wage requirement set forth in the Pasadena Minimum Wage Ordinance applies to adult and minor employees who work two (2) or more hours per week in Pasadena.

Employers must (1) display this poster in the workplace where it can be easily read by employees,
Continue Reading Local and State Employment Law Update: Employee Pay and Safety

Contributed by Jeff Risch and guest author Carletta Sanders

Treat ‘em like mushrooms is an expression that is never actually uttered out loud by union organizers, but it’s certainly implied when it comes to organizing a workforce.  Keeping the worker in the dark concerning key facts and the fine print before casting an official vote for or against union representation is something organized labor tries to ensure. In fact, under the National Labor Relations Act (NLRA), unions not only don’t have an obligation to share key information to prospects, they can also lawfully mislead workers and provide them with false
Continue Reading “Treat Employees Like Mushrooms?” –  NLRB’s Attack on Employer “Captive Audience Meetings” is Officially On!

Treat ‘em like mushrooms is an expression that is never actually uttered out loud by union organizers, but it’s certainly implied when it comes to organizing a workforce.  Keeping the worker in the dark concerning key facts and the fine print before casting an official vote for or against union representation is something organized labor tries to ensure. In fact, under the National Labor Relations Act (NLRA), unions not only don’t have an obligation to share key information to prospects, they can also lawfully mislead workers and provide them with false …
Continue Reading “Treat Employees Like Mushrooms?” –  NLRB’s Attack on Employer “Captive
Audience Meetings” is Officially On!

Contributed by Timm W. Schowalter, April 7, 2022

State of Missouri

A recent case provides a refresher step-by-step guide on the  requirements of a lawfully administered disability accommodation policy under the Missouri Human Right Act.  In  Loerch v. City of Union, No. ED. 109707, (Mo. App. E.D. 2022) the Missouri Appellate Court reversed and remanded a summary judgment decision in favor of the city of Union for claims made by a custodian alleging disability discrimination when he was forced to retire after his accommodation request, to limit working outside due to his coronary artery disease, was denied. In doing
Continue Reading A Refresher on Reasonable Accommodations under the Missouri Human Rights Act