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lhorras@hinshawlaw.com
312-704-3022
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Linda Horras partners with her clients to defend, guide, and counsel them on difficult employment matters ranging from internal employee disputes to …

Showing 23 posts by Linda K. Horras.

Amendments to Illinois Human Rights Act Allows Claimants to Bypass IDHR and Extend Filing Deadline

Late last month, the Illinois Human Rights Act was amended to provide a new judicial option for complainants and a longer charge filing period. Complainants now have the right to opt out of the Illinois Department of Human Rights ("IDHR") investigative process and request a right to sue. From there, they can take their claims directly into court. The time for filing charges has also been expanded from 180 days to 300 days. These changes align the Illinois Human Rights Act with federal statutes such as Title VII that provide complaining parties both with the right to forego investigation and a longer filing period. More ›

Rigid Compliance with Company Policy May Violate the ADA

The Sixth Circuit Court of Appeals recently issued a decision upholding a jury's guilty verdict against a large national retailer. Although a straightforward application of the Americans with Disabilities Act, this case a great example of how strict enforcement of company policy can run afoul of the Act’s prohibition against discrimination and an employer’s obligation to provide reasonable accommodations. More ›

When an Employer Must Accommodate a Full-Time Employee with Part-Time Hours

Working full-time hours is an essential function of a full-time job, right? Not necessarily, said the Sixth Circuit Court of Appeals in a Hostettler v. The College of Wooster. When the job can be done on a reduced schedule, at least in the short term, employers have a duty to accommodate. More ›

Strategies for Age Inclusion in Honor of the ADEA's 50th Birthday

In honor of the golden anniversary of the Age Discrimination in Employment Act (ADEA), the EEOC issued a report entitled "The State of Age Discrimination & Older Workers in the U.S. 50 Years After the ADEA." At a time when sex and race issues are at the forefront of the news, the EEOC reminds us that older workers face struggles of their own obtaining and retaining employment. More ›

California Court Okays Hour Rounding Policy

In  AHMC  Healthcare,  Inc.  v.  Letona,  decided  earlier  this  week,  a  California  state  of  appeals  court  considered  an  employer's  use  of  a  time  clock  rounding  system  and  whether  it  violated  California  Labor  Law.  While  it  is  a  California  case,  it  rests  on  the  federal  regulation  governing  time  rounding  found  in  29  CFR  §  785.48  and  is  thus  an  instructive  case  for  all  employers  who  use  or  are  thinking  about  adopting  a  rounding  policy.  More ›

SCOTUS Green Lights Class Action Waivers in Major Win for Employers

The United States Supreme Court ruled earlier this week that employees must submit claims to arbitration on an individualized basis when their employment agreements require it, even when those claims could be brought as class or collective action under federal legislation such as the Fair Labor Standards Act. Writing for the majority, Justice Neil Gorsuch held that parties to an arbitration agreement are bound by their agreement, as the Federal Arbitration Act envisioned. The Court cited the long history of supporting private arbitration agreements as an efficient and cost-effective means of handling disputes between parties, including parties to an employment agreement who have a dispute over wages. More ›

The Risks and Rewards of Allowing Employees to Work During FMLA Leave

The Family & Medical Leave Act ("FMLA") grants employees leave in certain enumerated situations. The Fifth Circuit Court of Appeals recently held it also allows the employee and employer to strike an agreement that the employee will perform certain duties and responsibilities during the leave and receive compensation for it without creating an actionable interference claim under the FMLA. More ›

Use of Salary History Taboo? Ninth Circuit Weighs In

Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's salary history to determine compensation as it has perpetuated pay inequities between the sexes. The Ninth Circuit Court of Appeals is the highest-profile court to address, and ban, use of salary history in the employment setting in most (but not all) cases. More ›

U.S. Supreme Court Rejects Narrow Reading in Favor of "Fair" Reading of FLSA Exemptions

The US Supreme Court recently issued a five-four decision addressing whether service advisers of a car dealership fell within the automobile sales exemption. While the opinion may not seem particularly helpful for businesses that do not sell cars, a deeper reading reveals that it is a positive case for employers. More ›

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