Subject Index Employment Law

Section 65 of the Firearm Concealed Carry Act implicates a public policy that may serve as grounds for alleging retaliatory discharge

September
2023
Illinois Law Update
, Page 16
On June 20, 2023, the First District of the Illinois Appellate Court held that section 65 of the Firearm Concealed Carry Act (“Act”) implicates a public policy that can serve as the grounds for alleging retaliatory discharge.

Signing bonus not adequate consideration for confidentiality and nonsolicitation agreement signed by employee after employment had commenced

August
2023
Illinois Law Update
, Page 14
On May 22, 2023, the Third District of the Illinois Appellate Court held that a signing bonus did not constitute consideration for an employee’s confidentiality and nonsolicitation agreement because the signing bonus was not specifically designated as such.

A Checklist for Retirement Plan Sponsors

By Kurt Winiecki
July
2023
Article
, Page 38
Business owners who sponsor retirement plans like 401(k)s need help. Attorneys are in a perfect position to provide it.

Ready for Paid Leave?

By Amelia Buragas
May
2023
LawPulse
, Page 10
Paid leave and retirement-planning laws affecting small businesses.

When Something’s Not Right

By Ed Finkel
April
2023
Cover Story
, Page 20
Lawyers, consultants, and private investigators dig into employee harassment, fraud, and misconduct.

COVID-19 at Work

By Craig Colbrook
March
2023
Article
, Page 38
Workers claiming they’ve been infected with COVID-19 at work should prepare to face challenges from employers, even if the boss may have a hard time proving otherwise.

Victims’ Economic Security and Safety Act expanded to victims of gender violence and now applicable to employers with at least one employee

February
2023
Illinois Law Update
, Page 16
The Department of Labor amended the Part titled Victims’ Economic Security and Safety Act. The amendment expands protection under the Part to victims of gender violence and is now applicable to all employers with at least one employee.

Bereavement leave expanded for employees to other family members, cases of miscarriage, and more

January
2023
Illinois Law Update
, Page 14
The Child Bereavement Leave Act has been renamed the Family Bereavement Leave Act. The Act has been expanded to allow for unpaid bereavement leave for employees in the case of the death of an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

Addiction to narcotics or alcohol is no longer a bar to remaining on the state employment eligibility list

November
2022
Illinois Law Update
, Page 18
The Department of Central Management Services amended the Merit and Fitness Part. The director may no longer remove candidates on the state employment eligibility list for addiction to narcotics or alcohol.

Prima facie discrimination established against Champaign-Urbana Public Health Department for employee demotions

July
2022
Illinois Law Update
, Page 14
On April 14, 2022, the Fourth District of the Illinois Appellate Court held individuals made out a valid prima facie racial discrimination claim against the Champaign-Urbana Public Health District for demotions, but not for failure to promote employees.

Employers must disclose differences in insurance coverage benefits

January
2022
Illinois Law Update
, Page 16
The Consumer Coverage Disclosure Act is enacted to require an employer that provides group health insurance coverage, upon request, to furnish a list that compares its group coverage benefits with the individual health insurance coverage benefits mandated by the state.

Taking Your Talents Elsewhere

By Pete Sherman
December
2021
LawPulse
, Page 10
New restrictions on noncompete and nonsolicit agreements between Illinois employers and employees take effect Jan. 1.

Coronavirus & Disability Insurance: Trends to Follow

By David A. Bryant
November
2021
Article
, Page 30
2020 and 2021 have been defined by the COVID-19 pandemic. Learn how the novel coronavirus will continue to affect disability insurance claims for the foreseeable future.

Employees may receive two weeks of unpaid leave after the death of their child

November
2021
Illinois Law Update
, Page 16
The Department of Labor adopted new rules to implement and enforce the Child Bereavement Act, which will affect employers and eligible employees as defined in the Family Medical and Leave Act.

Finding a “New Normal” With COVID-19 Vaccines

By Craig Colbrook
June
2021
Article
, Page 22
Employers should consider whether to require, incentivize, or simply encourage employees to receive a COVID-19 vaccine.

Community colleges may not lay off tenured faculty and then immediately hire adjunct instructors to teach the same courses

March
2021
Illinois Law Update
, Page 18
On Dec. 17, 2020, the Illinois Supreme Court held that a community college violated the Public Community College Act when the college laid off tenured faculty members and within months hired adjunct instructors to do the work that the laid-off faculty were able to do.

Union lawyers not personally liable for actions taken as union representatives under collective bargaining agreement

February
2021
Illinois Law Update
, Page 14
On Nov. 19, 2020, the Illinois Supreme Court held that union lawyers are immune from personal liability for actions taken as union representatives under a collective bargaining agreement.

Supreme Court unable to decide on employee benefits 

August
2020
Illinois Law Update
, Page 14
On May 21, 2020, the Illinois Supreme Court was forced to dismiss a labor-related appeal after a justice recused himself and the remaining justices were unable to secure the four-judge majority constitutionally required to issue a decision.

Tips belong to employees, not employers

May
2020
Illinois Law Update
, Page 16
An amendment to the Illinois Wage Payment and Collection Act (820 ILCS 115/4.1) makes it clear that tips are the property of employees and that employers are prohibited from keeping tips.

To Deduct or Not to Deduct?

February
2020
Article
, Page 18
Figuring out what’s tax deductible, from office coffee to team-building retreats.

Employers Put on Notice

By Pete Sherman
July
2019
LawPulse
, Page 10
The Illinois legislature enters the #MeToo era with a sweeping bill targeting workplace harassment.

To Pay or Not to Pay: Should You Reimburse Your Employee’s Expenses?

By Helen B. Bloch
March
2019
Article
, Page 30
Effective Jan. 1, 2019, employers must reimburse employees for expenses incurred in the scope of employment. Failure to do so is akin to any other failure to compensate employees under the law.

Employers must reimburse employees for necessary expenditures or losses incurred by employees

December
2018
Illinois Law Update
, Page 14
Under an amendment to the Illinois Wage Payment and Collection Act, employers must reimburse employees for all necessary expenditures or losses incurred by employees.

Noncompetes: Consideration, Peppered with Confusion

By Hon. John C. Anderson
November
2018
Article
, Page 32
Courts hold that postemployment restrictive covenants must be supported by adequate consideration, generally characterized as "employment for a substantial period of time." But what is a "substantial period of time"? Illinois Supreme Court guidance would be helpful.
1 comment (Most recent October 25, 2018)

Proposed amendments to the State Officials and Employees Ethics Act

March
2018
Illinois Law Update
, Page 24
This proposed legislation would amend the State Officials and Employees Ethics Act by clearly establishing the jurisdiction of the Legislative Ethics Commission and the Legislative Inspector General.

Indecent exposure

By Matthew Hector
January
2018
LawPulse
, Page 12
A group of Cook County public defenders is suing the sheriff and others in an effort to stop inmates from aggressively exposing themselves at the Cook County Jail.

An appeal does not automatically stay the enforcement of the board’s order in an unfair labor practice case

December
2017
Illinois Law Update
, Page 16
The appellate process in section 11 of the Illinois Public Labor Relations Act is amended to reflect that the filing of an appeal to the Appellate Court does not automatically stay the enforcement of the Board's order.

Actual knowledge of employee’s “particular unfitness” is not required to recover punitive damages for negligent employment

November
2017
Illinois Law Update
, Page 20
A court may allow a claim for punitive damages in a negligent employment case if evidence reasonably supports a finding that the employer acted willfully, or with a certain level of gross negligence as to indicate a wanton disregard for the rights of others.

Divorce, Death, and Retirement Benefits

By Dorothy A. Voigt
June
2017
Article
, Page 32
When retirement-plan participants die, what happens to their ex-spouses' benefits? This article looks at a variety of death-after-divorce benefit division scenarios.

Ortiz v. Werner Enterprises Streamlines Employment Discrimination Cases

By Lori L. Kuchmay
May
2017
Article
, Page 34
After the seventh circuit's decision in Ortiz, attorneys no longer need to divide evidence of employment discrimination into subgroups and should look instead at the big picture.

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