The Workplace Report with Ancel Glink

Do you have a timekeeping system that automatically deducts time from an employee’s paycheck for things like lunch breaks? If so, you should take a look at Magpayo v. Advocate Health and Hospitals Corp. , where such a system subjected an employer to a class action lawsuit. The class action lawsuit was brought by 262 emergency room nurses who claimed that they did not receive the pay they were entitled to because automatic deductions were taken out of their paycheck for lunch even when they did not take a lunch break. Although the nurses were often required to work through their lunch breaks, this was not captured by the hospital’s payroll software, which automatically deducted the time the nurses supposedly spent on their lunch breaks. The lawsuit also claimed that the payroll software did not indicate when the nurses worked overtime, assuming that they only worked 40 hours each week. The hospital eventually settled for $1.5 million, with $600,000 going to the attorneys for ...

In a split from our own 7th Circuit and other federal appeal courts in the country, the 5th Circuit Court of Appeals recently held that Title VII does not afford protection against discrimination based on gender identity.  In the case of Wittmer v. Phillips 66 Co. , the plaintiff, who identifies as female, claims that the petrochemical company refused to hire her as an engineer because of her transgender status. In a clear split from the 6th, 7th and 11th Circuits, the court in Wittmer noted it was basing its ruling on a previous decision in that circuit. The court said its 1979 decision in Blum v. Gulf Oil Corp that gay bias is not banned by Title VII also applied to transgender discrimination. The 5th Circuit’s ruling seems to all but assure that the U.S. Supreme Court will resolve the split among the Circuits on this highly charged topic. While courts who have denied Title VII protections to those claiming discrimination based on transgender status, they have not re...

While labor disputes often result in litigation, rarely, if ever before, has the ubiquitous rat itself become the subject of a lawsuit. Employers are all aware of the rat. Unions often inflate a balloon type rat to stir emotion against an employer and to signify to the passing public that workers are embroiled in a labor dispute with a particular employer in hopes that the employer will feel pressured to capitulate to the union’s demands in order to avoid general association with the generally disliked rat. Simple concept. Some employers dread its appearance; some dig their heels in further when they see it. In Grand Chute, Wisconsin, a town outside of Appleton, the rat itself became the subject of an ordinance violation. The union, feeling frustrated with the course of labor relations, inflated a 12-foot balloon rat in protest of the company, tethering the rate to the ground with stakes. It turns out that the rat was on the public way and violated the municipality’s sign or...

Almost every employer will agree that one of their biggest financial challenges is rising healthcare costs . The price of healthcare has increased much faster than the rate of inflation in recent years, and healthcare costs now comprise on average more than 11 percent of employer spending on their employees. Additionally, healthcare laws have become so complex with the passage of the Affordable Care Act that many businesses need to hire attorneys just to ensure that they are in compliance with the law. Therefore, it is prudent for employers to look for ways that they can reduce their healthcare costs. Here are some that we have come up with: High-Deductible Health Plans These plans have higher deductibles, thus lowering the premiums that employers have to pay. By offering health savings accounts and flexible spending accounts, employers can help their employees cover the costs of these higher deductibles. Direct Contracting This is where employers contract directly wit...

Ancel Glink’s Quorum Forum podcast has recently released two episodes about employment issues that you might want to check out. In episode 18 , Worker’s Compensation, experienced worker’s compensation attorneys Britt Isaly and Greg Rode discuss worker’s compensation issues and those issues involving local governments specifically. Britt and Greg discuss common defense strategies to worker’s compensation claims along with the advantages and disadvantages of settlement (Check out the podcast by clicking here ). In episode 19 , Silver Tsunami , Jim Rock and I discuss issues affecting older employees. I talk about recent changes to the Age Discrimination and Employment Act. Jim discusses the Illinois Municipal Retirement Fund, including what makes an employee eligible to receive an IMRF pension, and how coming back to work may affect one’s pension (Check out the podcast by clicking here ). If you have questions or show ideas, email us at:  podcast@ancelglink.com

It’s still no surprise to hear occasional rumors that a female employee who rapidly ascends through the ranks in an organization is probably “sleeping her way to the top.” There is no doubt that these kinds of rumors are offensive, but are they evidence of gender-based discrimination? The 4th Circuit Court of Appeals recently answered in the affirmative in the case of Parker v. Reema Consulting, Inc . The Plaintiff, a woman, began working at a warehouse facility in 2014 and quickly received several promotions. That started the rumor mill going with significant speculation that she was “sleeping her way to the top” and using her gender to obtain her promotions. She also alleged that the rumors were accompanied by other harassing behavior, like taunts, threats, being physically locked out of meetings and finally fired.  She sued for gender discrimination and retaliation. The company claimed that rumors that an employee used sex to achieve success is not gender specific and the...

Today, a State House Committee will hear plans to increase the minimum wage for employees in Illinois to $15 an hour by 2025. The Senate has already approved this measure. Under the Senate bill which passed last week, the current minimum wage of $8.25 would increase to $10.00 per hour next year and then increase by $1 an hour per year on January 1st of each year thereafter until 2025. The Senate version of this legislation passed along party lines by a vote of 39-18 and reflects Gov. Pritzker’s campaign promise to raise minimum wage to $15 per hour. Both the City of Chicago and Cook County have previously raised the minimum wage in their jurisdictions to $12.00 per hour for workers in Chicago and $11 per hour for workers within Cook County. Many municipalities exercised their local governmental authority to opt out of the Cook County minimum wage ordinance. This option would not be available to municipal public employers should the State increase the minimum wage. Two...

Employers might want to check out sexual harassment prevention videos that were recently released by the State of New York. You can check out the videos by clicking here and here . Also available are the slides used in the videos along with the video’s transcript and case studies , as well as a webinar that discusses recent changes in the State’s employment laws. The information contained in these materials is applicable to employers in Illinois and other states, so if employers are looking to conduct sexual harassment prevention training in house, these materials are a good place to start.  These materials have been released as part of a sweeping series of changes to New York’s laws governing sexual harassment in the workplace. Starting last October, New York employers were required to adopt written sexual harassment prevention policies and undertake annual workplace sexual harassment training.  Ancel Glink provides sexual harassment training, so if you are inter...

We were recently asked whether an employer could ask for more medical information to support an employee’s medical certification for intermittent FMLA leave because the employee suffers from migraines. The employer wanted more information on the severity, frequency and possible medications for the employee’s condition because the employee regularly but intermittently called in sick due to having a migraine. An employee who suffers from migraines can present one of the most vexing intermittent FMLA leave situations. Through no fault of the employee, absences are unpredictable, so it can be difficult to ensure that their work is covered. On the other hand, conditions such as migraines, which are unpredictable in onset, also create opportunity for FMLA abuse if the employee is so inclined. No doubt exists that FMLA abuse is difficult to address. The urge of an employer to require more information of an employee’s doctor than is required on the standard DOL FMLA Certification of H...

It is often awkward when an employee leaves, and under these awkward circumstances many employers try to have the employee leave as quickly and effortlessly as possible. In the process, employers often overlook a valuable way to obtain potentially useful information about the organization: employee exit interviews. A well-run exit interview can allow an employer to learn about information that might be necessary to correct problems at the organization as well as learn about potential areas of liability. During an exit interview, an employer should sit down with the employee and ask about his or her experience at the organization. Ideally such an interview would be handled by HR instead of attorneys, as this will likely make the employee feel more at ease. The interviewer should ask the employee to provide honest information about his or her experience. Because the employee is departing he or she may be more likely to provide honest feedback than otherwise. Questions should inc...