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Illinois Industrial Commission Emergency Order creates rebuttable presumption of compensability for Covid-19

Today (Monday, April 13, 2020), the Illinois Workers’ Compensation Commission (IWCC) voted overwhelmingly (9-0-1) to approve a new emergency rule that would create a rebuttable presumption that the workplace was the cause of a person getting the COVID-19 virus.  (Click HERE to read the actual order) In essence, this means that any employee of an Read More

How to Analyze and Investigate Covid-19 Workers Compensation Claims

With the entire world focused on Covid-19, we know that it will simply be a matter of time before Covid-19 is alleged to be a work-related condition.  Given this reality, clients have been calling and emailing me, asking: How do we investigate whether a claimant contracted Covid-19 in the workplace? What is the burden of Read More

Is COVID-19 a Recordable Illness for Purposes of OSHA Logs?

I have been receiving this question from multiple employers recently – – Is COVID-19 a recordable illness for purposes of OSHA Logs? OSHA recently published guidance on this issue. OSHA record-keeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. You must record instances of workers contracting COVID-19 if Read More

Nationwide Legal Trend – Employers increasingly unable to discipline employees who use Medical Marijuana

Today’s Missouri Lawyers Weekly chronicles a new nationwide trend that seeks to prevent Employers from disciplining employees who fail a drug test after using medical marijuana.  (Read the Missouri Lawyers Weekly Article by clicking here.  ) As you can see, several states have rebuked Employers for terminating the employment of individuals who use medical marijuana and Read More

Wrongful Discharge

In 2010, the Missouri Supreme Court decided three important cases on the doctrine of wrongful termination in violation of public policy. Two cases clearly favored employees, easing their burden of proof in one and extending the right to sue to a broader range of employees in the other. The third provided some limits on this Read More

Wrongful Discharge Law: Three Key 2010 Missouri Supreme Court Decisions

In 2010, the Missouri Supreme Court decided three important cases on the doctrine of wrongful termination in violation of public policy. Two cases clearly favored employees, easing their burden of proof in one and extending the right to sue to a broader range of employees in the other. The third provided some limits on this Read More

Family Responsibilities Discrimination Quiz

This quiz was created by The Center for WorkLife Law. It will help you identify family responsibilities discrimination (FRD) issues, and learn more about how employers can prevent FRD. Best of all, this quiz won’t be graded, so it should be painless and instructive. Questions: The Number of FRD Cases Over the past ten years, Read More

Supreme Court Upholds “Relative” Retaliation Claim; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance

Previously, we discussed the decision of the Supreme Court in Thompson vs. North American Stainless , which unanimously upheld a retaliation claim by the fiancé of an employee who had filed a discrimination charge. This week, we further analyze the ruling and its significance. The Supreme Court’s Decision: Today’s Court Less Pro-Business Than Some Claim? Read More

Supreme Court Upholds “Relative” Retaliation Claim; Avoids Setting “Bright Line” Rule — Part I, the Decision

Ruling in Thompson Fiancé Retaliation Case Court Uphold’s Fiancé’s Retaliation Complaint In Thompson vs. North American Stainless,the Supreme Court addressed whether a friend or relative of an employee who made a complaint of discrimination may pursue a claim that they suffered retaliation because of that complaint — despite not having been the one who made Read More

NLRB Announces Proposed Rule Requiring Posting of Notice on Employee Rights

On December 21, the National Labor Relations Board (NLRB) did something it rarely does: it indicated its intent to change labor law requirements through the regulatory process, rather than its normal process of case-by-case adjudication. See full text of NLRB’s proposed rule on employee rights notice posting, including introductory commentary. NOTE: This is just a Read More