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bbensinger@hinshawlaw.com
312-704-3027
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Brette Bensinger advises employers on new and evolving federal, state, and local employment laws. She has developed extensive experience handling …

Showing 5 posts by V. Brette Bensinger.

DOL Temporary Rule Clarifies Paid Leave Under Families First Coronavirus Response Act

The U.S. Department of Labor issued a Temporary Rule on September 11, 2020, which revises regulations concerning paid sick leave and expanded family medical leave under the Families First Coronavirus Response Act (FFCRA). The rule, which goes into effect on September 16, 2020, was issued in response to the U.S. District Court for the Southern District of New York's decision in State of New York v. Department of Labor on August 3, 2020, which struck down portions of the FFCRA regulations. More ›

Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII

In Gogel v. Kia Motors Mfg. of Ga., the Eleventh Circuit examined Title VII's opposition clause and the extent to which "oppositional conduct" can be considered so unreasonable that it loses Title VII protection. In this case, Kia fired its HR manager for strongly encouraging an employee to file a discrimination lawsuit against the company. Once terminated, the HR manager sued the company for retaliation, arguing that her actions were protected by Title VII's opposition clause. The court rejected the argument and the claim, handing a victory to employers. More ›

NLRB Announces Three Proposed Rules, ULPs May No Longer Block an Election

On August 12, 2019, the National Labor Relations Board (NLRB) issued three proposed amendments to the rules on union representation elections. These three amendments, outlined below, would change the "blocking charge" policy, the voluntary recognition bar, and the rule on contractual representation clauses in the construction industry. More ›

School District Prevails in Title VII Retaliation case Filed by Basketball Coach

A high school girls varsity basketball coach sued a school district for gender discrimination after the school failed to hire her as the boys varsity basketball coach. The court found in favor of the coach and ordered the district to hire her as varsity coach for both the boys and girls basketball teams. More ›

National Labor Relations Board Issues Final Rules on “Quickie” Union Elections

On December 22, 2011, The National Labor Relations Board (the “Board”) is set to publish final amendments to the procedures for union representation elections. These final amendments ( “Amendments”) follow a heated debate with opponents claiming that the changes allow unions to “ambush” employers with union elections and force employees to make quick, uninformed decisions about whether to unionize. Proponents, on the other hand, hailed the Amendments as an effort to end unnecessary litigation and remove unnecessary delays in effectuating an employee’s free choice. Prior to the Amendments, employees have had at least thirty-two (32) days to consider union representation after an election petition is filed. With the Amendments, the regional director has complete authority to set the time-frame for an election, allowing for an election to occur in as little as ten (10) days after an election petition is filed. More ›

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