Illinois Bar Journal

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Articles on Employment Law

The Limits on Disciplining Public Employee Speech By Joshua D. Herman April 2015 Article, Page 24 Disciplining public-sector employees for speech that is insubordinate, inappropriate, or simply unwanted gives rise to complex legal issues. Here's a framework for analyzing them.
Employee classifications and complaint procedures November 2014 Illinois Law Update, Page 524 The Department of Labor, in accordance with legislative amendments to the Employee Classification Act, revised the regulations governing Employee Classifications to expand the definition of an "individual performing services."
Federal minimum wage and overtime protection extended to home care workers By Matthew Hector November 2014 LawPulse, Page 518 Soon, in-home care workers will be protected by the FLSA. But will the law's exemptions and exceptions swallow the rule?
Stronger workplace rights for pregnant women and new moms By Matthew Hector November 2014 LawPulse, Page 518 A new Illinois law, one of the most protective nationwide, requires employers to provide a range of reasonable accommodations to pregnant woman and new mothers.
New requirements for employers using payroll cards October 2014 Illinois Law Update, Page 472 Employers may not condition employment or employment benefits on an employee's decision to receive wages on a payroll card.
New Illinois law limits criminal history checks on job applicants By Matthew Hector September 2014 LawPulse, Page 418 Beginning in January, employers won't be allowed to require prospective employees to disclose their criminal history on a job application.
POAs in paradise, severance agreements and unemployment compensation September 2014 Column, Page 449 Is an Illinois POA for property valid in Florida? That and more gleaned from ISBA discussion groups.
The Benefits of Settling Workers’ Compensation and Employment Claims Together By Mark Wilkinson and Susan Garver July 2014 Article, Page 340 Settling workers' compensation and employment-related claims together can benefit both employers and workers, but it takes careful planning to make it work.
Employer has no duty to bargain on recent pension changes July 2014 Illinois Law Update, Page 320 Under the recently amended Illinois Public Labor Relations Act, employers have no affirmative duty to bargain with employees for matters regarding changes, impact of changes, and implementation of changes made to Articles 14, 15, and 16 of the Illinois Pension Code.
Unionized college football - is a Wildcat strike on the way? By Janan Hanna June 2014 LawPulse, Page 266 What might the NLRB ruling in favor of Northwestern football players seeking to unionize mean for the players - and for collegiate sports? Lawyers for labor and management opine.
The Tipping Point: The End of Automatic Gratuities? By Brian Roth May 2014 Article, Page 230 Many restaurants impose a set gratuity on large groups to make sure servers get their fair share. But a new IRS ruling classifies automatic gratuities as service charges, not tips.
Helping Employers Avoid Harassment and Retaliation Claims By Daniel Myerson April 2014 Article, Page 188 A clear chain of command and well-drafted anti-harassment policies can help employers ward off retaliation and hostile work environment claims.
Medical Marijuana Comes to Illinois By Ed Finkel April 2014 Article, Page 172 What will the Medical Cannabis Act mean for patients? For employers? Others? Prepare to advise clients about what some are calling the most restrictive medical marijuana law in the country.
Mixed-motive claims: alive and well under the Illinois Human Rights Act? By Nicholas Biersbach April 2014 Article, Page 191 It isn't clear whether federal rulings limiting mixed-motive claims will influence state courts' interpretation of the Illinois Human Rights Act.
New administrative fee amounts for employers ordered to pay unpaid wages to employees April 2014 Illinois Law Update, Page 168 The Illinois Wage Payment and Collections Act has been amended to modify calculation of the non-waivable administrative fee amount that an employer is required to pay when ordered by the Department of Labor or a court to pay unpaid wages or other compensation to an employee.
Unpaid future compensation under an employment contract is not recoverable under the Illinois Wage Payment and Collection Act February 2014 Illinois Law Update, Page 68 On November 22, 2013, the Illinois First District Appellate Court held that unpaid future wages do not constitute "final compensation" recoverable by an employee under the Illinois Wage Payment and Collection Act (the "Act"), 820 ILCS 115/1 et seq. (West 2006).
Non-competes, medical marijuana January 2014 Column, Page 50 New statutory and case law could affect employers' workplace policies.
Temporary employee injured in office parking lot sustained injuries in the course of and arising out of her employment January 2014 Illinois Law Update, Page 16 On November 14, 2013, the Illinois Appellate Court for the Fourth District held that a temporary employee who is assigned a parking space in a parking lot designated for employees, and is then injured in that parking lot on her way to work, has sustained injuries that arose in the course of and out of her employment.
Workplace Social Media Policies That Work By Angela S. McQuage January 2014 Article, Page 32 Employers understandably want to create policies limiting employees' social media posts about company business. But the NLRA imposes some surprising limits.
The Perils of Unpaid Internships By Christopher Keleher December 2013 Article, Page 626 As courts grapple with whether unpaid internships violate minimum wage laws, businesses - including law firms - should review their programs.
“Professional account” exception to the Right to Privacy in the Workplace Act December 2013 Illinois Law Update, Page 612 Under the Right to Privacy in the Workplace Act, an employer may not request an employee or prospective employee to disclose passwords or account information concerning his or her private social networking accounts.
Non-Traditional Non-Competes: Designing Non-Competition Agreements to Hold Up in Court By Kenneth J. Vanko November 2013 Article, Page 568 Lawyers for business seeking to restrict competition by ex-employees should consider creative options designed to stand up better to judicial scrutiny.
Employers and Concealed Carry; Mortgage Scams October 2013 Column, Page 535 It's time for employers to start designing workplace rules to accommodate concealed carry.
Employee or Independent Contractor? By Mark S. Mathewson August 2013 Column, Page 429 An ISBA CLE program helps general practitioners distinguish the two.
Workers’ Comp and Temporary or ‘Borrowed’ Workers By James P. Looby August 2013 Article, Page 426 With more employers turning to staffing agencies, determining who the real employer is and isn't - and thus whom the worker might be able to sue in civil court - is trickier than ever.
Employers and Immigration Law: Be Careful Who You Hire - and Who You Don’t By Douglas A. Hass July 2013 Article, Page 360 Employers are barred from hiring people not legally authorized to work in the U.S. They're also forbidden from discriminating against noncitizens. Here's how they can avoid the squeeze.
Employers barred from requesting social media passwords. PA 097-0875 May 2013 Illinois Law Update, Page 228 Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.
Task Force receives an extension on its employment discrimination report. PA 097-1132 May 2013 Illinois Law Update, Page 228 Illinois lawmakers have extended the deadline for the Task Force on Inventorying Employment Restrictions's report to the Illinois Governor and General Assembly. 20 ILCS 5000/15.
The Tougher, Broader Illinois Prevailing Wage Act By Kara M. Pomerantz Principe January 2013 Article, Page 42 Counsel 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.
Agents who permit their employer to evade final judgments are treated as employer. PA 097-0903 November 2012 Illinois Law Update, Page 580 The Equal Pay Act of 2003 has been amended to introduce section 27 (820 ILCS 112/27 new).