Category

Labor and Employment
Social media has become an integral component of our everyday lives, and has exponentially increased our ability to communicate and connect with others, and market our goods and services.  However, the use of social media is not without risks.  Social media posts are more frequently being used to support causes of action in legal claims....
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[vc_row][vc_column][vc_column_text]Kahn, Dees, Donovan & Kahn, LLP (KDDK) is pleased to announce that several KDDK attorneys have been selected by their peers for inclusion in The Best Lawyers in America© 2018 in recognition of their work in labor and employment law, labor and employment litigation, economic development law, real estate law, land use and zoning law,...
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President Donald Trump announced via Twitter last week that transgender individuals are no longer permitted to enlist or serve in the military. Although this ban is only applicable to the military, employees and employers are concerned of its impact on the workplace. According to the U.S. Bureau of Labor Statistics, there are approximately eight million...
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Alexander Acosta, Secretary of Labor for the U.S. Department of Labor (DOL), announced today the withdrawal of the Wage and Hour Division’s (WHD) administrative interpretations (AI) on independent contractors and joint employment, which were issued in 2015 and 2016, respectively. These Obama-era sub-regulatory measures had established new standards for the agency to use in determining...
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Last week, the U.S. Supreme Court reaffirmed the legality of the Federal Arbitration Act (“FAA”) and employer arbitration agreements in Kindred Nursing Centers, Inc. v. Clark.  This ruling from the nation’s highest court is undoubtedly a positive one for employers who wish to arbitrate disputes rather than going to court. In Kindred, the U.S. Supreme...
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On April 18, 2017, President Trump signed an executive action entitled “Buy American and Hire American.” While the order does not have any immediate impact on employment visa programs, it reflects the administration’s strong stance on increasing enforcement of immigration laws which may impact employers that sponsor or hire foreign employees. In light of this...
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The Seventh Circuit just became the first federal appellate court in the country to extend Title VII protection to discrimination on the basis of sexual orientation. The decision was issued today in Hively v. Ivy Tech Community College. In Hively, the plaintiff was a part-time adjunct professor who identified as a lesbian. The plaintiff sued...
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As of January 22 of this year, all employers must use the new version of Form I-9. The updated version includes several changes.  The new form along with instruction for completing the form can be found here: https://www.uscis.gov/i-9. We suggest using the downloadable, fillable PDF version rather than the paper form. The fillable PDF is a...
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President Donald Trump appointed Philip A. Miscimarra Acting Chairman of the National Labor Relations Board (“NLRB” or “Board”) on January 23, 2017. Miscimarra has frequently disagreed with fellow members of the Board and we hope that with his interim appointment, President Trump will begin to recast the NLRB to reflect a more tempered point of view. The five-member...
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[vc_row][vc_column][vc_column_text]If your organization or employees are subject to the Fair Labor Standards Act (FLSA), keep these tips in mind the next time inclement weather disrupts your operations. Non-Exempt Employees If an employer remains open during inclement weather and non-exempt employees perform work, they must be paid for the time spent working.  However, if non-exempt employees...
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