E. Jason Tremblay

NLRB’s New Joint Employment Standard

E. Jason Tremblay Are You A Joint Employer? Browning-Ferris Industries of California Case and Its Potential Impact By now, most employers are aware of the recent and significant decision from the National Labor Relations Board in Browning-Ferris Industries of California, Inc., 2015 NLRB LEXIS 672 (2015)(“Browning-Ferris”). In that case, the NLRB expanded who qualifies as […]

Restrictive Covenant Update

E. Jason Tremblay Restrictive Covenant Update: Don’t Forget to Establish Your Legitimate Business Interest! Let’s consider the following scenario. Executive is hired by an employer and signs a standard restrictive covenant agreement. Executive is later terminated and, thereafter, immediately opens up a competing business, begins to solicit and hire her former co-workers and commences soliciting […]

Many “Independent Contractors” May Now Be “Employees”

E. Jason Tremblay and Megan P. Toth Many “Independent Contractors” May Now Be “Employees” According to the Department of Labor On July 15, 2015, the U.S. Department of Labor issued an Administrator’s Interpretation regarding the application of the Fair Labor Standards Act with respect to the increasing misclassification of workers as “independent contractors.” The DOL’s […]

Continued Employment Constitutes Sufficient Consideration for Restrictive Covenants

E. Jason Tremblay Wisconsin Supreme Court: Continued Employment Constitutes Sufficient Consideration for Restrictive Covenants in Wisconsin Resolving previously unsettled law in Wisconsin, the Wisconsin Supreme Court recently held in Runzheimer International Ltd v. Friedlen that continued employment of an at-will employee following the execution of a restrictive covenant, such as a non-competition agreement, is sufficient […]

More Company Handbook Provisions Are Held Invalid According to the NLRB

National Labor Relations Board (NLRB) has taken a very aggressive approach against employers by requiring them to rescind employee handbook provisions that it deems to be unlawful pursuant to the National Labor Relations Act (NLRA).

NLRB Weighs in on Employers’ Right to Monitor Workplace Communications

E. Jason Tremblay It has traditionally been understood and recognized that employees do not have an expectation of privacy when using their employer’s computer system and that employers can monitor and control their employees’ emails. However, in light of a recent decision by the National Labor Relations Board (“NLRB”) in Purple Communications, Inc., 361 NLRB […]

Limitations Period For Bringing Discrimination and Retaliation Claims May Be Contractually Shortened

E. Jason Tremblay A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois. In Lugihibl, […]

Chicago to Raise Its Minimum Wage

E. Jason Tremblay On December 2, 2014, the Chicago City Council followed several other municipalities around the country and approved an ordinance to raise the minimum wage. Effective July 1, 2015, Chicago employers of all sizes will be required to pay a minimum hourly wage of $10.00 (from its current $8.25 per hour) with successive […]

Ban the Box Law Will Soon Apply to Virtually All Chicago Employers

E. Jason Tremblay On November 5, 2014, the Chicago City Council approved an ordinance that effectively makes the recently-passed Illinois’ Job Opportunities for Qualified Applicants Act (commonly known as the Ban the Box Law) apply to all Chicago employers. The Illinois Ban the Box Law does not apply to employers with less than 15 employees, […]

Ban The Box Law Will Soon Apply to Small Chicago Employers

E. Jason Tremblay On November 5, 2014, the Chicago City Council approved an ordinance that effectively makes the recently-passed Illinois’ Job Opportunities for Qualified Applicants Act (commonly known as the Ban the Box Law) apply to Chicago employers with fewer than 15 employees. The purpose of the ordinance is to remove employment barriers for applicants […]