Subject Index Employment Law

Jimmy John’s settles suit over noncompete agreements

By Matthew Hector
February
2017
LawPulse
, Page 14
While confidentiality and nonsolicitation agreements may be okay, businesses should not use noncompetes with low-wage workers.

Amendments clarify caps on gainful employment income and disability benefits for the Teachers’ Retirement System

January
2017
Illinois Law Update
, Page 20
The Teachers' Retirement System (TRS) adopted amendments to "The Administration and Operation of the Teachers' Retirement System." Additions to the disability benefits and disability retirement annuity sections clarify how contributions to retirement plans affect employment income calculations.

Court halts rule raising wage threshold for exempting workers from overtime

By Matthew Hector
January
2017
LawPulse
, Page 14
Just days before it was to take effect, a federal district court in Texas issued an injunction against implementing the Department of Labor's new overtime rule.

Employees enjoy easier path to revoking wage assignments by creditors, if covered by federal law

January
2017
Illinois Law Update
, Page 20
The Illinois Wage Assignment Act was amended to impose additional requirements on wage assignment notice and service.

Sick leave benefits extended to absences relating to family members

November
2016
Illinois Law Update
, Page 18
The Employee Sick Leave Act now allows employees to use personal sick leave benefits provided by their employer for absences relating to family members.

New act provides for child bereavement leave

October
2016
Illinois Law Update
, Page 18
The Child Bereavement Leave Act provides for unpaid leave for certain employees who lose a child.

Of Hijabs and Hiring: Religious Accommodation in the Workplace after EEOC v. Abercrombie & Fitch Stores, Inc.

By Melanie I. Stewart
September
2016
Article
, Page 28
In Abercrombie, the U.S. Supreme Court made it easier for job-applicant plaintiffs to survive summary judgment in Title VII failure-to-accommodate cases.

Trade unions subject to the Personnel Code secure overhaul of prevailing wage calculations

September
2016
Illinois Law Update
, Page 18
The Department of Central Management Services ("DCMS") adopted amendments to section 310.210 of the pay plan for public officials and employees to reflect collective bargaining agreements signed between DCMS and 13 trade unions.

The new overtime regs: A wake-up call for lawyer employers

By Matthew Hector
August
2016
LawPulse
, Page 12
Too few law firms follow best practices for paying employees who work more the 40 hours a week, an employment lawyer warns. The new federal overtime rules, effective December 1, are a fresh reason for getting it right.

Bringing an Unpaid Minimum Wage Claim in Illinois

By Brandon M. Wise
July
2016
Article
, Page 36
Unpaid minimum wage claims can be rewarding - and confusing. Find out how to evaluate an unpaid minimum wage case and whether to bring it in federal or state court.
1 comment (Most recent July 17, 2016)

Representing Clients Under the New Illinois Pregnancy Accommodation Act

By Jennifer Purcell
February
2016
Article
, Page 26
An overview of the groundbreaking Illinois Pregnancy Accommodation Act and what it means for employers and employees.

Employers with fewer than four employees now subjected to Equal Pay Act; maximum civil penalties for violations increased

January
2016
Illinois Law Update
, Page 18
The Equal Pay Act of 2003 has been amended to apply to all employers, not just those with four or more employees.

The Equal Pay Act protects more employees

November
2015
Article
, Page 25
Starting January 1, the Illinois Equal Pay Act will cover more workers and impose stiffer penalties on employers who violate its provisions.
1 comment (Most recent November 7, 2015)

FLSA Rule Proposal Could Make Millions Eligible for Overtime Pay

By Philip T. Barrett
November
2015
Article
, Page 36
A new federal minimum wage regulation proposed by the U.S. Department of Labor significantly expands the number of employees who must be paid time and a half for overtime.

Whither domestic partner benefits in the wake of marriage equality?

By Matthew Hector
August
2015
LawPulse
, Page 10
Now that all couples can marry, will companies continue to offer benefits to same-sex partners?

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.
1 comment (Most recent August 28, 2014)

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 & 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
Cover Story
, 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).

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