The Personnel Files Blog

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The Personnel Files blog is a publication of Miller Johnson’s Employment and Labor group. Topics covered will include wage and hour, FLSA, ADA, immigration, employee handbooks, union relations, FMLA, workplace harassment and much more.

28 November 2023

Are You Ready for Illinois Paid Leave?

Earlier this year, Illinois passed the Paid Leave for All Workers Act, or PLAWA.  PLAWA covers most employers that have employees who work in Illinois.  The nuts and bolts of PLAWA are detail-heavy, but the sticking points are that Illinois employees are entitled to 1 hour of paid time off for every 40 hours they […]

14 November 2023

Holiday Pay Refreshers

With the holidays around the corner, tis the season for a refresher on holiday pay laws and best practices! In general, the Fair Labor Standards Act does not require private employers to provide holiday pay. There are certain rare exceptions for private employers with federal contracts who are covered by the labor standards of the […]

31 October 2023

Employee Bonuses: Keeping an Employee “Treat” F...

As the weather starts to change, you might be one of the employers keeping an eye on key performance indicators to determine how 2023 is shaping up for your company. You might even be thinking, “maybe we’ll issue a bonus if the company reaches certain financial goals.” What a “treat” that would be for your […]

17 October 2023

Employee Handbooks & Unions: How One Handb...

In just two cases, Stericycle, Inc. and Cemex Construction Materials Pacific, LLC, the National Labor Relations Board has made it possible for an employer’s maintenance of an “overbroad” handbook policy to result in the establishment of a union without an election. While that statement may seem like hyperbole, it is not.  The cases, particularly Cemex, […]

03 October 2023

EEOC Proposes Updates To Its Harassment Guidance

A recently proposed update to the EEOC’s workplace harassment guidance provides employers with a window into the agency’s current thinking, especially as it relates to emerging issues in the law. The proposed guidance also serves as a helpful resource for employers regarding the legal analysis the agency performs when investigating harassment claims and determining potential employer […]

19 September 2023

Microaggressions and Unlawful Discrimination

An employee tells a colleague that he doesn’t even look gay. Another employee continuously mispronounces a colleague’s name because it’s too hard to say correctly. A female employee is constantly interrupted while speaking at a meeting. Although microaggressions may appear to be harmless or in some cases intended to be a compliment, they often stem […]

US Supreme Court Building
05 September 2023

Good Groff! Adjusting to a “Clarified” Employe...

In June, the U.S. Supreme Court “clarified” the Title VII standard that covered employers must consider and use when handling employee religious accommodation requests.  The decision, in a case called Groff v. DeJoy, will change how courts assess religious accommodation cases.  That means employers who want to win in court (and who doesn’t?) need to […]

22 August 2023

Is it the Beginning of the End for Non-Compete ...

Non-competition agreements (also known as non-competes) have been a tool used by employers since America’s founding. Non-competes prohibit employees from working for a competing employer or engaging in other competitive activities, such as starting a competitive business, within a certain geographic area during their employment and for a period of time after their employment ends. […]

08 August 2023

Join Us For The Annual Miller Johnson Employmen...

If you’re like me, seeing back-to-school supplies hit store shelves the second the clock strikes midnight on the 5th of July is bitter sweet.  I realize just how quickly the summer of Barbenheimer has flown by and that I need to savor every last minute. But, I also start to look forward to all things […]