On the eve of Halloween, the 7th Circuit released a decision which may raise additional concerns for public employers.  In Meade v. Moraine Valley Community College, the Court held that public employees are able to openly criticize their employers when the topic of speech includes matters of public concern.  This ruling further solidifies the Supreme Court’s...Read More

[vc_row][vc_column][vc_column_text]The Indiana Supreme Court ruled yesterday that two provisions of Indiana’s Right to Work Law – Indiana Code sections 22-6-6-8 and 22-6-6-10 – do not violate the Indiana Constitution, reversing Lake County Superior Judge John M. Sedia’s ruling from July. Indiana’s Right to Work (“RTW”) Law has been fiercely contested by organized labor since its inception,...Read More

The National Labor Relations Board (“the Board”) continued its trend of broadening National Labor Relations Act (“the Act”) Section 7 protection for employees using social media in the recently decided Triple Play Sports Bar and Grille case. In that case, one former employee of the bar posted a “status update” on her Facebook page complaining...Read More

Although employees with serious health conditions are entitled to take leave under the Family and Medical Act (FMLA), employees are learning more and more ways to abuse this leave – especially when it comes to intermittent leave. What can employers do to help curb this FMLA abuse? The first thing employers should do is look...Read More

According to the NLRB in a decision published last week, an employer unlawfully maintained an unwritten rule that discipline was confidential and prohibited employees from sharing or discussing their discipline with coworkers. Although unwritten, the Board found evidence of its existence in a summary of an employee’s record that referred to the fact that employees...Read More

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued an enforcement guidance on the Pregnancy Discrimination Act (“PDA”) – the first guidance the commission has issued on the subject since 1983. In this guidance, the EEOC interprets employers’ obligations under the PDA in new ways, and it may have a significant impact on how...Read More

Recently, a federal appellate court issued a decision which should make employers even more cautious in administering their FMLA policies. Suzan requested FMLA leave to care for her married, adult daughter, who was undergoing treatment for thyroid cancer. Suzan’s employer, Harbor Crest, granted her request for FMLA leave. While on FMLA leave, in the course of...Read More

Currently, same-sex spousal leave under the Family and Medical Leave Act (FMLA) is only available to employees who reside in a state that recognizes same-sex marriages. For example, an employee who validly entered into a same-sex marriage in one state, but now resides in a state that does not recognize same-sex marriages, would not be eligible...Read More

On June 19, 2014, the Supreme Court of Kentucky decided Creech v. Brown, concluding more than five years of litigation over the enforceability of an employer’s non-compete agreement.  The employer lost, and Kentucky employers wishing to avoid the same fate should consider this decision carefully. Brown worked for Creech for 18 years. Creech is in the...Read More

[vc_row][vc_column][vc_column_text]This morning, the U.S. Supreme Court issued its decision in Noel Canning (NLRB v. Noel Canning, et al., 573 U.S. ___ (2014)) affirming the U.S. Court of Appeals for the District of Columbia Circuit’s decision that members of the National Labor Relations Board (“NLRB”) were inappropriately appointed by President Obama. In Noel Canning, the NLRB...Read More