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Articles by Tom Posey
Illinois withdraws rebuttable presumption rule for COVID-19 workers’ compensation claims
The Illinois Workers’ Compensation Commission has withdrawn an emergency rule it passed just weeks ago that would have made it easier for essential workers to claim they became sick with COVID-19 while on the job. The withdrawal comes in the face of a Sangamon County Circuit Court decision granting an emergency request by the Illinois Manufacturers’ Association and the Illinois Retail Merchants Association to block the new rule.
Responding to COVID-19 in a unionized workplace
While all employers are facing an unprecedented whirlwind of rapidly changing circumstances as a result of the COVID-19 pandemic, employers with unionized workforces face additional challenges as they take action in response to the outbreak while trying to avoid running afoul of the requirements of their collective bargaining agreements and the National Labor Relations Act (NLRA). Here are a few suggestions for employers to consider as they navigate this new landscape. 1.
NLRB extends effective date of its final rule modifying representation case procedures – Now effective May 31, 2020 | LexBlog
On March 24, 2020, the National Labor Relations Board (NLRB) decided to postpone the effective date of its final rule modifying the Agency’s regulation on union representative-case procedures, from April 16, 2020 to May 31, 2020, in order to facilitate the resolution of legal challenges. The NLRB’s final rule, which rolled back some of the burdensome requirements of the “quickie election” rule issued under the Obama Administration, was published on December 13, 2019.
NLRB greenlights employer rules requiring employee confidentiality during workplace investigations
On Tuesday, December 17, 2019, in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), the National Labor Relations Board (the Board or NLRB) held that requiring employee confidentiality during workplace investigations does not constitute an unfair labor practice under the National Labor Relations Act (the Act or NLRA). This is yet another employer-friendly decision in a series of recent rulings overturning Obama-era Board precedent.
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