Employment Law Update Materials

Has the past year's events and pending legislation left you wondering how to prepare for the upcoming year? Join us, as we review what has happened over the past year and how it sets the stage for what to expect in 2023.

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The ADA and FMLA: This session will address the difference between two federal statutes that address employee medical conditions. We will focus on real world examples and solutions for providing accommodations for employees who need them, and includes leaves of absence. We will also address what is required under these laws, what is optional, and how to address suspected abuse.

MRA Resources:

• Addressing Abuse of Intermittent FMLA Through Recertification
• Coordinating Leaves of Absence Chart
• Illinois State Required Leaves of Absence Law Guide

Speaker Handouts:

• Request for Accommodation Interactive Process Checklist
• Response to Disability Accommodation Request

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This session is designed to introduce non-labor practitioners to the concerns and pitfalls of the applicable National Labor Relations Act sections in a non-union setting. The first half of the session will focus on employee's protected and concerted activity ("PCA"): Explaining what qualifies as PCA and preventing violations of the rule against chilling or retaliating against PCA. The second half will cover how and why non-unionized workforces become intrigued with the idea of a union, the signs of such unionization efforts, and how employers can and cannot respond to such efforts.

MRA Resources:

• Five Tips for Remaining Union Free
• MRA's Sample "Vulnerability to Union Organizing Checklist"

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The complexities of complying with myriad state marijuana legalization, lawful off-duty conduct, and drug and alcohol testing laws, combined with the challenges of recruiting and retaining employees, has caused many employers to reevaluate their drug and alcohol testing policies for today’s workplace. In this session, we will discuss updates employers can make to their drug and alcohol testing policies to minimize litigation risk while staying competitive and forward-thinking, and maintaining a safe workplace. This discussion will also address strategies for employers to leverage new drug testing technologies; comply with various state and federal laws, including laws that protect medical and recreational marijuana use or cardholder status; and assess the legality of off-duty employee conduct.

MRA Resources:

• MRA's Resource Guide for "Q&A for Illinois Employers on Recreational Marijuana"
• MRA's Sample "Drug and Alcohol Policies"

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Since the onset of the COVID-19 pandemic, work from home or “WFH” became a desirable work arrangement for both employees and employers alike. While beneficial for a variety of reasons, all employers must carefully manage these remote work arrangements and implement WFH parameters that achieve business objectives while complying with federal, state and local laws.

MRA Resources:

• MRA's "Sample Remote Working Agreement"
• Considerations for the Remote Employee Lifecycle

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