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Jeffrey M. SchlossbergBlog Posts

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  • Supreme Court Declines to Review Seventh Circuit Case Finding Extended Leave of Absence Is Not a Reasonable Accommodation

    The United States Supreme Court declined to review a decision from the Seventh Circuit Court of Appeals that held a two-to-three month leave of absence following the exhaustion of leave under the Family and Medical Leave was not a reasonable accommodation under the Americans With Disabilities Act.  Severson v. Heartland Woodcraft, Inc.  For more information on the...… Continue Reading
    April 4, 2018
  • NLRB Vacates Last Year’s Joint Employer Standard

    In an unusual reversal, the NLRB today vacated its 2017 decision in Hy-Brand Industrial Contractors, Ltd., that set a new standard for determining joint employer liability.  The Board decision arose due to an inspector general report that faulted board member William Emanuel for improperly participating in the Hy-Brand case.  For a more in depth discussion...… Continue Reading
    February 26, 2018
  • Beyond the Weinstein Effect: It’s More Than Just Training

    In light of the many high-profile news stories involving sexual harassment, employers are cognizant of the need to update policies, improve investigation procedures, and conduct training. However, there is more going on than meets the eye.  Several states have proposed legislation that creates a path for victims to come forward.  In addition, the new federal...… Continue Reading
    January 23, 2018
  • 2018 New Year’s Resolutions for Lowering Risks of Employment Litigation

    Some times, small steps can have a big impact in defending employment-related litigation.  For a few tips to start the new year click here… Continue Reading
    January 4, 2018
  • Federal Court Permits Former Employees’ Data Breach Claims to Move Forward

    A data breach occurs in which an outside individual obtains your company’s employees’ W-2 forms including social security numbers, addresses, and salary information. As a result, your company notifies all affected employees, explains what occurred, and offers a complimentary two-year membership to a service that helps detect misuse of personal information.   Is your company liable...… Continue Reading
    December 13, 2017
  • Senate Bill Introduced to Protect Personally Identifiable Information

    Primarily motivated by the several recent massive data breaches, Senate Democrats recently introduced a bill geared toward protecting Americans’ personal information against cyber attacks and to ensure timely notification and protection when data is breached. The Consumer Privacy Protection Act of 2017 provides that companies that collect and hold data on at least 10,000 Americans...… Continue Reading
    December 8, 2017
  • The Weinstein Effect: Importance of Anti-Harassment and Anti-Discrimination Training

    It seems as if a report of workplace sexual harassment or sexual battery is published nearly daily. While the media focuses upon notable public figures, workplace harassment can occur at any company.  In many of those reports, it seems that the environment was not conducive to reporting the alleged misconduct or to obtaining an internal...… Continue Reading
    November 29, 2017
  • Lenovo-FTC Consent Order Calls For 20-Year Monitoring Period

    Laptop-maker Lenovo (United States), Inc. agreed to a no-fault settlement with the Federal Trade Commission and 32 states over allegations that it installed ad software that compromised customers’ web security and invaded users’ privacy. As part of the Consent Order, Lenovo agreed that it would: Not misrepresent any feature of installed software related to consumer...… Continue Reading
    September 27, 2017
  • Website Accessibility Lawsuits under ADA are on the Rise

    In our e-commerce age, lawsuits complaining that business websites are not accessible to vision-impaired users in violation of Title III of the Americans With Disabilities are on the rise.  For a complete discussion and important takeaways, click here.… Continue Reading
    July 27, 2017
  • Unsolicited Call Without Charge Held a Violation of TCPA

    Recently, the United States Court of Appeals was called upon to determine whether an unsolicited call that did not result in a charge to the consumer violated the Telephone Consumer Protection Act (“TCPA”) and, if it did, was the harm sufficiently concrete to provide plaintiff with standing to sue. Susinno v. Work Out World, Inc....… Continue Reading
    July 26, 2017