[vc_row][vc_column][vc_column_text] In January 2012, President Obama made a series of controversial appointments to the NLRB, purportedly while the Senate was in recess. Opponents to the appointments argued that the Senate was meeting on a pro forma basis at the time of the appointments and, therefore, was not technically in recess.  Proponents pointed to the fact...Read More

A recent Indiana Court of Appeals case has codified that, under the Indiana Worker’s Compensation Act, an injury arises out of employment when a causal connection exists between the injury sustained and the duties or services performed by the injured employee.  The connection is established when a reasonably prudent person considers the injury to be...Read More

[vc_row][vc_column][vc_column_text]On March 29, 2013, the U.S. District Court for the Northern District of Indiana held that an employee who makes a pre-eligibility request for post-eligibility FMLA leave is protected from retaliation from the employer. In Morkoetter v. Sonoco Products Co., Lozano, R., the employee, alleged that he informed his employer of his disability and plans...Read More

The U.S. Citizenship and Immigration Services (USCIS) recently released a revised Form I-9 and employers should begin using it right away. Form I-9 must be completed by all employers to confirm the identity of newly-hired employees and verify the employee’s eligibility to work in the United States.  The revised Form I-9 has expanded from one...Read More

You may have missed it, but the Family and Medical Leave Act, or FMLA, turned 20 years old last month. Although the purpose of the FMLA may be a noble one — providing employees unpaid leave from work for treatment of their own serious health condition, or to care for and comfort family members who...Read More

Is telecommuting right for your business? Yahoo and Best Buy recently reconsidered the answer to this question, resulting in a media uproar supporting telecommuting employees. But what legal issues do employers face with telecommuting? Following are five key issues employers should consider: Wage and hour compliance. Employers covered by the Fair Labor Standards Act must...Read More

The NLRB continues to be very active in evaluating employee handbook provisions that may impact the rights of union and non-union employees to engage in protected, concerted activity under Section 7 of the NLRA. A three member panel recently issued its decision in DirectTV U.S. DirecTV Holdings LLC and struck down several of the company’s...Read More

Under the Fair Credit Reporting Act (FCRA), effective January 1, 2013, employers are now required to use new forms as part of their background check process.  These form changes are the result of a shift in interpretation responsibility from the Federal Trade Commission (FTC) to the newly created Consumer Financial Protection Bureau (CFPB).  The primary...Read More

A three-member panel of the District of Columbia Court of Appeals has ruled that President Obama’s three recess appointments to the National Labor Relations Board were unconstitutional. On January 4, 2012, the President appointed the three members, purportedly pursuant to the Recess Appointments Clause of the Constitution, which allows the President to make such appointments...Read More

Despite the Obama administration’s movement towards immigration reform, more and more employers are being audited to determine if they are employing illegal immigrants.  In 2012, U.S. Immigration and Customs Enforcement (“ICE”) audited the I-9 forms of over 3,000 employers, up from only 250 employers just 5 years ago.  Not only have employer fines increased from...Read More