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Photo of Employment Law Observer Aimee E. Delaney
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adelaney@hinshawlaw.com
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Aimee Delaney concentrates her practice in the area of labor and employment.  She regularly counsels employers on all aspects of the employment …

Showing 13 posts by Aimee E. Delaney.

TREND WATCH: Philadelphia Becomes the First City in America to Ban Inquiries into a Job Applicant’s Wage History

On Monday, with the signing of the Philadelphia Wage Equity Ordinance, the city's Fair Practices Ordinance was amended to prohibit employers from asking about an applicant's wage history at any point during the hiring process, making Philadelphia the first City to enact such a prohibition.  More ›

Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules

In the last few weeks, federal courts in Texas have been the center of attention, deciding what rules and regulations of the current administration may fall to legal challenges asserted in the jurisdiction by collections of states, business, and trade associations, among others.  Texas courts have issued preliminary injunctions impacting the persuader rule, and most recently the DOL's new overtime rule.  More ›

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. 

That order, signed in 2014 and scheduled to take effect on October 25, 2016, has three discrete parts, each described as being designed to help executive departments and agencies identify and work with contractors who will comply with labor laws while performing federal contracts.  More ›

Cook County Passes Paid Sick Leave

Paid sick leave will be coming to a suburb near you beginning July 1, 2017.  On October 5, 2016, the Cook County Board of Commissioners adopted a paid sick leave ordinance that mirrors the Chicago Ordinance passed earlier this year.  More ›

EEOC Issues Final Regulations on Wellness Programs

Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law — ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed in and finalized its latest guidance on how employer wellness programs should be structured. These final regulations largely adopt the proposed regulations that were issued in 2015. More ›

Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to enforce its anti-drug policies. Last week, a New Mexico District Court decision added to the recent list of decisions to tackle this issue and, in doing so, came down on the side of the employer. More ›

EEOC Settles Background Check Suit with BMW, Leaves Employers Still Without Guidance

Earlier this week, it was announced that BMW Manufacturing Co. and the EEOC had entered into a Consent Decree, resolving one of three high-profile suits over a company's use of background checks in the hire process that had been pending since 2013. The settlement requires BMW to pay $1.6 million to roughly 56 claimants and other applicants to be identified and provide job opportunities to rejected applicants. The deal was approved Tuesday, September 8th by the South Carolina federal judge overseeing the litigation. More ›

Using Criminal Convictions in the hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the focus of federal enforcement efforts over the past several years, ever since the EEOC updated its guidance on this topic in 2012. This flurry of activity has made what was historically a simple hiring practice into a legal minefield. More ›

Dazed but Slightly less Confused: Employer's Drug Testing Policy Prevails In Termination Challenge

If you are in one of the 23 (and counting) states, which permits the medically authorized use of marijuana, you need to take note of a Colorado Supreme Court decision issued yesterday. The decision itself is based on the specific language of the Colorado medical marijuana statute, but the decision may nonetheless be an important guide for employers nationwide wrestling with how to enforce drug and drug testing policies in states where the use of marijuana has been legalized. More ›

Chicago Minimum wage hike is here: are you Ready?

You may recall that last December, just as Chicagoans were starting to hunker down for another cold, snowy winter, the Chicago City Council made national news by passing an ordinance that will raise the minimum wage for Chicago workers. More specifically, the ordinance will gradually raise the minimum wage for Chicago workers over the course of the next four years from the current $8.25/hour to $13/hour. More ›

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