Category Archives: Employment

Every Employer’s Best Friend: The Employee Handbook

It’s a new year, and there’s no better time to create an employee handbook or update your existing one. A well-drafted employee handbook effectively communicates workplace expectations, policies and procedures to employees. When management follows its written policies and procedures, they … Continue reading

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Amendments to the Illinois Unemployment Insurance Act Make It Easier to Contest an Unemployment Compensation Claim

New amendments to the Illinois Unemployment Insurance Act that make it easier for employers to contest a claim for unemployment compensation went into effect on January 3, 2016. Under the Act, an employee may be denied unemployment benefits if he … Continue reading

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Review This Before Terminating an Employee

Terminating an employee is never pleasant, especially if you’re worried about a potential lawsuit. Be sure to review this checklist to best avoid unnecessary litigation and to help ensure you are prepared to defend against a claim for unlawful termination … Continue reading

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Withholding or Reducing Discretionary Bonuses May Lead to Discrimination Claims

In October 2015, the Second Circuit Court of Appeals ruled that an employer’s reduction of an employee’s discretionary bonus constitutes an adverse employment action and may support an employee’s discrimination claim. Davis v. New York City Dep’t of Educ., 2015 … Continue reading

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NLRB’s Controversial Decision Will Impact Classic Franchise Relationship

In a recent ruling, the National Labor Relations Board (the “Board”) replaced a decades-old standard for determining whether a joint employer relationship exists between two or more employers that retain some degree of control over the same set of employees. … Continue reading

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Employer Best Practices – Part 3 – Common Compliance Issues Facing Employers

Throughout August, Marcus & Boxerman has published a series exploring employer best practices. First, we discussed creating employee handbooks and adopting uniform employment policies, and earlier this week, we detailed best practices employers should use in maintaining employee personnel files. … Continue reading

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Employer Best Practices – Part 2 – Maintaining Personnel Files

Earlier this month, Marcus & Boxerman published the first in a three-part series highlighting employer best practices. In case you missed it, click here to learn about best practices for employee handbooks and uniform enforcement of employment policies. This installment … Continue reading

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Employer Best Practices – Part 1 – Employee Handbooks and Uniform Employment Policies

Over the next few weeks, Marcus & Boxerman will publish a three-part series discussing employer best practices. Part One focuses on the practices all employers should adhere to in creating, developing, and enforcing employment policies and workplace conditions. Part Two … Continue reading

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U.S. Department of Labor: Most Workers are Employees, Not Independent Contractors

On July 15, 2015, Administrator David Weil, of the Wage and Hour Division of the U.S. Department of Labor (“DOL”), issued an Administrator’s Interpretation (“Interpretation”) making clear that the vast majority of workers are employees, not independent contractors, regardless of … Continue reading

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NLRB Provides “Fresh” Guidance on Joint Employment

On April 28, 2015 the National Labor Relations Board (“NLRB”) issued an advisory opinion to the NLRB Chicago Region regarding joint employment.  The NLRB concluded that neither Freshii Development, L.L.C. (“Freshii”), a fast-casual restaurant franchisor with over 100 franchised locations, … Continue reading

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