The Tougher, Broader Illinois Prevailing Wage ActBy Kara M. Pomerantz PrincipeJanuary 2013Article, Page 42Counsel to contractors, governmental bodies, and workers take note: recent changes to the Illinois Prevailing Wage Act and the law interpreting it have broadened its reach and toughened requirements and penalties. Find out what it means for your clients.
Noncompetition and nonsolicitation covenants ruled enforceableOctober 2012Illinois Law Update, Page 520On July 17, 2012, the fourth district appellate court held as a matter of law that noncompetition and nonsolicitation covenants between a tax preparation service and tax preparer for two and one years, respectively, were enforceable even if the tax preparer only agreed to work for 104 days.
Proposal would stop employers from seeking social network passwordsBy Adam W. LaskerMay 2012Lawpulse, Page 234Proposed legislation would forbid employers from asking for employees' and job applicants' social-media passwords, but some lawyers argue for a public-safety exception.
Enforcing Non-Compete Clauses in Illinois after Reliable FireBy Kelly M. Greco, David J. Fish, and Shannon BarnabyApril 2012Article, Page 196A look at enforcing restrictive covenants in the wake of the Illinois Supreme Court's Reliable Fire ruling, complete with practice tips for lawyers on both sides of a non-compete case.
The "Cat's Paw" Theory in Illinois after StaubBy Alexandra Lee Newman and Yelena ShagallFebruary 2012Article, Page 88In Staub, the Supreme Court expanded the "cat's paw" theory, which holds that an unbiased decisionmaker can be liable for employment discrimination. The article looks at what the decision means for Illinois practitioners.
Employment covenants not to compete: the high court lays down the lawBy Helen W. GunnarssonJanuary 2012Lawpulse, Page 10Rumors of the death of the legitimate-business-interest test as a measure for determining the legitimacy of restrictive covenants were greatly exaggerated, the supreme court says.
Retaliatory-discharge claim against town not time-barred by Tort Immunity ActOctober 2011Illinois Law Update, Page 496On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
Changes in Equal Pay in Employment regulationsMarch 2011Illinois Law Update, Page 124The Illinois Department of Labor recently amended the rules governing complaints under the Equal Pay in Employment regulations. 56 Ill Adm Code 320.
Personal jurisdiction found over out-of-state corporation in retaliatory discharge caseJanuary 2011Illinois Law Update, Page 16On November 5, 2010, the Appellate Court of Illinois, Fourth District, reversed and remanded a decision of the Circuit Court of Champaign County, finding personal jurisdiction over a California corporation in a retaliatory discharge case.
(Asset) Buyer BewareBy Sherwin D. AbramsDecember 2010Column, Page 644Warning to buyers of going businesses: you may be buying some of your sellers' liabilities.
Employer v. Employee: When Is it Forbidden Retaliation Under Title VII?By Nicholas P. CholisDecember 2010Article, Page 636Does an Illinois employer violate Title VII's anti-retaliation provision by suing a worker who has filed a discrimination claim? Here's a look at this complex question.
Dramshop Act does not block respondeat superior claim for employee drunk drivingNovember 2010Illinois Law Update, Page 564On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.
The Outside Sales Exemption: Does It Really Apply to Your Client?By Samuel G. WieczorekAugust 2010Article, Page 426This article explores recent case law and gives tips to Illinois practitioners to ensure compliance by their business clients, including those in the pharmaceutical industry.
Employment Termination When a Church is the EmployerBy Hon. William J. BorahJuly 2010Article, Page 370Courts are reluctant to interfere, but they will step in when they can decide based on neutral principles.
EEOC complaints: sender's fax confirmation "strong evidence" of receiptBy Helen W. GunnarssonFebruary 2010Lawpulse, Page 66The seventh circuit holds that the fax confirmation generated by the sender's machine is strong evidence the EEOC actually received a complaint at a given time and date.
UPL: Nonlawyers may represent employers before the IDES, appellate court holdsBy Helen W. GunnarssonFebruary 2010Lawpulse, Page 66The Illinois Appellate Court held that nonlawyers who represent employers before the Illinois Department of Employment security in unemployment benefits hearings aren't engaging in the unauthorized practice of law.
GINA prevents discrimination based on genetic informationBy Helen W. GunnarssonSeptember 2009Lawpulse, Page 438Employers and insurers beware: effective November 21, a new federal statute forbids discrimination on the basis of genetic information.
Strict Liability for Sexual Harassment by SupervisorsBy Cynthia Hyndman, Robert Margolis, and Aleeza StrubelSeptember 2009Article, Page 454The Illinois Supreme Court's Sangamon County Sheriff's Department decision subjects employers to strict liability for sexual harassment by their supervisors. So, who is a supervisor?
