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Latest from Jeffrey J Kmoch Blog

Disturbingly, as America comes to grips with the COVID-19 coronavirus pandemic, No national emergency, however severe, could possibly ever justify such senseless racism and bigotry. If this reported behavior carries over into the workplace, and employers discriminate against Asian Americans by, for example, disproportionately terminating them, cutting their hours, or otherwise treating them less favorably (as compared to non-Asian Americans), they likely are in violation of both state and federal anti-discrimination law, which both cover…
Disturbingly, as America comes to grips with the COVID-19 coronavirus pandemic, numerous reports have emerged that some people are lashing out against people of Asian descent blaming them for the virus and its spread. No national emergency, however severe, could possibly ever justify such senseless racism and bigotry. If this reported behavior carries over into the workplace, and employers discriminate against Asian Americans by, for example, disproportionately terminating them, cutting their hours, or otherwise treating…
Disturbingly, as America comes to grips with the COVID-19 coronavirus pandemic, numerous reports have emerged that some people are lashing out against people of Asian descent blaming them for the virus and its spread. No national emergency, however severe, could possibly ever justify such senseless racism and bigotry. If this reported behavior carries over into the workplace, and employers discriminate against Asian Americans by, for example, disproportionately terminating them, cutting their hours, or otherwise treating…
The federal Department of Labor (DOL) released its long-awaited final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA), which governs responsibility for payment of minimum wages and overtime. This rule rolls back the Obama administration’s much broader definition of joint employer and replaces it with a four-factor test that looks to who maintains the power to hire and fire, to supervise schedules and conditions of…
On May 31, 2019, the Illinois House of Representatives passed House Bill 1438, the “Cannabis Regulation and Tax Act.” Governor J.B. Pritzker, who campaigned on recreational marijuana legalization, has vowed to sign the bill into law and, if he follows through, the Act will go into effect on January 1, 2020. Before indulging, Illinois workers should be aware that the Act does not prohibit “reasonable zero tolerance or drug free workplace policies,” non-discriminatory drug testing,…
On June 2, 2019, both houses of the Illinois legislature passed Senate Bill 75, the Workplace Transparency Act (“WTA”), and Governor Pritzker is expected to sign the bill into law shortly. The WTA amends the Illinois Human Rights Act (“IHRA”), expanding protections for Illinois workers against discrimination and harassment by: Extending the IHRA to prohibit discrimination and harassment against “nonemployees” in the workplace (e.g. contract workers and consultants); Clarifying that the “work environment” is not…