Section Newsletters

Articles From Jon D. Hoag

Class action waivers in employment arbitration agreements unenforceable: Seventh Circuit decision creates Circuit split By Jon D. Hoag Labor and Employment Law, September 2016 In its decision in Lewis v. Epic Systems Corporation, provides clear guidance to employers within the Seventh Circuit’s jurisdiction that employment arbitration agreements with class action waivers are no longer enforceable. However, this issue of law will remain uncertain in other jurisdictions until the Supreme Court addresses the split, or until the NLRB Board changes members and overturns the position taken in D.R. Horton.
U.S. Supreme Court finds security screenings not compensable under the FLSA By Jon D. Hoag Labor and Employment Law, February 2016 While the holding in Integrity Staffing is certainly a win for employers, mismanagement of preliminary or postiliminary requirements could lead to union organizing, demands, or other pressure.
Regular attendance remains an essential job requirement notwithstanding employer’s work-at-home policy By Jon D. Hoag Labor and Employment Law, March 2015 The 7th Circuit’s recent decision in Taylor-Novotny v. Health Alliance Medical Plans, Inc. provides a reminder to all employers that in order for an employee to establish an ADA claim she must show that she is a “qualified individual with a disability.”
U.S. Supreme Court finds security screenings not compensable under the FLSA By Jon D. Hoag Labor and Employment Law, February 2015 While the holding in Integrity Staffing is certainly a win for employers, mismanagement of preliminary or postiliminary requirements could lead to union organizing, demands, or other pressure.
U.S. Supreme Court requires “but for” causation standard in Title VII retaliation claims By Jon D. Hoag Labor and Employment Law, September 2013 The U.S. Supreme Court’s recent ruling in University of Texas Southwestern Medical Center v. Nassar, that employees must establish retaliation is the “but-for” cause and not simply a “motivating factor” of the adverse action, is a victory for employers.

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