Polsinelli at Work |  Labor & Employment Blog

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Seventh Circuit Rules Long Term Leave is Not a Reasonable Accommodation

Seventh Circuit Rules Long Term Leave is Not a Reasonable Accommodation

By Mark W. Weisman

It appears to be a common scenario: An employee becomes ill, exhausts his or her Family and Medical Leave Act (FMLA) provided leave, and then requests more leave as a “reasonable accommodation.” Must an employer grant additional leave? On September 20, in Severson v. Heartland Woodcraft, Inc., the Seventh Circuit Court of Appeals answered that it does not. 

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New NLRB Member Marvin Kaplan Sides with the Union in his First Decision

New NLRB Member Marvin Kaplan Sides with the Union in his First Decision

By Sara J. Robertson

On August 2, 2017, the Senate confirmed Marvin E. Kaplan, President Trump’s first nominee to serve on the National Labor Relations Board (NLRB). Prior to joining the Board, Kaplan spent the majority of his career in government practice, most recently as the chief counsel of the Occupational Safety and Health Review Commission (OSHRC). Along with the confirmation of William Emanuel on September 27, 2017, President Trump’s second nominee to the NLRB, it was widely expected that the NLRB would now consist of three pro-management members – Kaplan, Emanuel and Chairman Phillip Miscimarra.

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When the Company Needs a Detective: Five Keys to Effective Workplace Investigations

When the Company Needs a Detective: Five Keys to Effective Workplace Investigations

By Jonathan E. Clark

When a company receives information concerning potentially hidden wrongdoing, the old axiom, “the cover-up is worse than the crime,” becomes top of mind. To be sure, this principle should be a guiding force when an employer conducts a workplace investigation of reported misconduct. Below are five things every employer must know when misconduct in the workplace is reported.

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Ninth Circuit Creates Circuit Split over 80/20 Rule

Ninth Circuit Creates Circuit Split over 80/20 Rule

By Latrice Nicole Lee

The Ninth Circuit Court of Appeals has created a circuit split with the Eighth Circuit Court of Appeals by rejecting the U.S. Department of Labor’s (DOL) interpretation of Fair Labor Standards Act (FLSA) regulations, and issued a restaurant-friendly decision regarding the application of the “tip credit” when paying regularly tipped employees. As discussed previously, the restaurant industry has experienced an increase in lawsuits relating to servers’ duties and the 80/20 “rule”. 

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HR Policies: Training, Training, Training

HR Policies: Training, Training, Training

By Mark W. Weisman

Employers often spend time and resources on well-crafted policies, but then do not communicate and train to the policies. Time and again, employers are reminded to review and update their HR policies. Of course, it is important for employers to update policies because statutes change; regulations are revised; and case law is reinterpreted. A new and/or revised employee handbook may need to be rolled out. However, issuance of a handbook – no matter how current – may not sufficiently inform employees of the policies.

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