Non-disparagement clauses in the digital age
Because contractual non-disparagement clauses restrict free speech (and quite possibly competition), their ever-expanding usage has come under increasing legal attacks from governmental agencies charged with regulating the workforce.
PTSD is a disability under the ADA
Although PTSD is not exclusive to the military, the focus of this article is on veteran/employees with PTSD and some recommendations for how they can be accommodated in the workplace.
Recent opinion letters from DOL
In August, the Wage and Hour Division of the U.S. Department of Labor issued two opinion letters addressing the treatment of attendance points while an employee is on an FMLA leave of absence and whether time spent in voluntary wellness activities must be considered as hours worked.
Requesting books and records of an Illinois LLC under the recently amended Illinois LLC Act
This article explores what information is available to LLC members under the Act, the procedure for requesting said information, the rights of dissociated members to request the books and records, and the protections an LLC may employ to protect the books and records. The article also discusses the “proper exercise” requirement under Section 10-15(a) of the Act.
SCOTUS overrules Abood in Janus v. AFSCME
In June, the U.S. Supreme Court issued its decision in Janus v. AFSCME, which stemmed from an appeal over the dismissal of a complaint that sought to invalidate agency fees and to reverse the Supreme Court’s 1977 decision in Abood v. Detroit Board of Education.
Short FMLA-based breaks may not be compensable
The U.S. Department of Labor issued an opinion regarding whether a non-exempt employee’s 15-minute rest breaks, which are certified by a health care provider as required every hour due to the employee’s serious health condition and are thus covered under the Family and Medical Leave Act, are compensable or non-compensable time under the Fair Labor Standards Act.