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Articles by V. Brette Bensinger
Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024 | JD Supra
On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave Ordinance, and employees will begin accruing time under its requirements on January 1, 2024. We break down the new requirements in a question-and-answer format. Q: Who is Subject to the New Ordinance?
U.S. Supreme Court Issues Ground-Breaking Decision on Religious Accommodations in the Workplace | JD Supra
On June 29, 2023, the U.S. Supreme Court issued Groff v. Dejoy, a ground-breaking decision that changes a long-recognized standard for religious accommodations in the workplace. This new interpretation effectively expands an employer's obligation to provide religious accommodations. For years, appellate courts recognized an employer's authority to reject a religious accommodation merely by showing it creates a de minimus burden on the employer or co-workers.
President Biden's American Rescue Plan Would Reinstate and Expand Federally Mandated Paid Sick and FMLA Leave | JD Supra
On January 20, 2021, President Biden announced the principal points of his American Rescue Plan (the Plan), a new COVID-19 relief package that would revive the federal mandate on employers to provide paid sick and paid FMLA leave for certain COVID-19-related absences. On February 1, 2021, Republican lawmakers responded with a competing relief package that does not include those paid leave mandates. As of now, neither side has released a draft of the actual proposed legislation.
DOL Issues Temporary Rule, Clarifies Paid Leave Under Families First Coronavirus Response Act | JD Supra
The U.S. Department of Labor (DOL) issued a Temporary Rule on September 11, 2020, regarding the paid sick leave and expanded family medical leave rules under the Families First Coronavirus Response Act (FFCRA). Effective September 16, 2020, the Temporary Rule addresses the four main areas of the FFCRA that the U.S. District Court for the Southern District of New York struck down in State of New York v.
Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII | JD Supra
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.
Additional FAQs Regarding Employer Compliance and COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NLRB Announces Three Proposed Rules, ULPs May No Longer Block an Election | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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