Publications

Illinois Bar Journal
Articles on Employment Law

Enforcing Non-Compete Clauses in Illinois after Reliable Fire By Kelly M. Greco, David J. Fish, and Shannon Barnaby April 2012 Article, Page 196 A 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 Virtual Water Cooler: Limits on Firing Employees for Work-Related Facebook Posts By Charles J. Muhl March 2012 Article, Page 136 An employee complains on Facebook about her workplace. Obviously she can be fired or otherwise disciplined, right? Don't be so sure.
The “Cat’s Paw” Theory in Illinois after Staub By Alexandra Lee Newman and Yelena Shagall February 2012 Article, Page 88 In 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 law By Helen W. Gunnarsson January 2012 Lawpulse, Page 10 Rumors 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.
Employers may not violate pregnant employees’ civil rights. PA 097-0596. November 2011 Illinois Law Update, Page 556 The Illinois Human Rights Act has been amended to protect pregnant employees (775 ILCS 5/2-102).
Retaliatory-discharge claim against town not time-barred by Tort Immunity Act October 2011 Illinois Law Update, Page 496 On 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).
Tough New Amendments to the Illinois Wage Payment and Collection Act By Howard L. Mocerf April 2011 Article, Page 202 This article reviews recent amendments that expand the Act's coverage and increase penalties for employers who fail to comply.
Changes in Equal Pay in Employment regulations March 2011 Illinois Law Update, Page 124 The Illinois Department of Labor recently amended the rules governing complaints under the Equal Pay in Employment regulations. 56 Ill Adm Code 320.
Employment opportunities provided for Illinois youths. PA 096-1225 February 2011 Illinois Law Update, Page 72 Illinois lawmakers passed the Community Youth Employment Act in order to provide summer job opportunities for Illinois youths.  
Personal jurisdiction found over out-of-state corporation in retaliatory discharge case January 2011 Illinois Law Update, Page 16 On 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 Beware By Sherwin D. Abrams December 2010 Column, Page 644 Warning 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. Cholis December 2010 Article, Page 636 Does 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 driving November 2010 Illinois Law Update, Page 564 On 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.
Employee Credit Privacy Act bars inquiry about employee credit history. PA 096-1426 November 2010 Illinois Law Update, Page 564 The Illinois General Assembly has enacted the Employee Credit Privacy Act to prohibit employers from inquiring about the credit history of an applicant or employee.
Greater protection for Illinois employees; new penalties when employers fail to pay. PA 096-1407 October 2010 Illinois Law Update, Page 508 Illinois lawmakers have put into place greater security measures for Illinois employees who are not receiving their wages.
Third-party clients of licensed day and temporary labor service agencies face stiffer penalties for failure to meet their agreements. PA 096-1185 October 2010 Illinois Law Update, Page 508 A third-party client is now legally responsible to pay wages and payroll taxes to licensed day and temporary labor service agencies for the services performed according to the terms in the respective invoices and agreements. (820 ILCS 175/30). 
The Outside Sales Exemption: Does It Really Apply to Your Client? By Samuel G. Wieczorek August 2010 Article, Page 426 This 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 Employer By Hon. William J. Borah July 2010 Article, Page 370 Courts are reluctant to interfere, but they will step in when they can decide based on neutral principles.
Labor and Employment Lawyers and the New Rules By Michael R. Lied July 2010 Column, Page 376 New rules affect lawyers who represent organizations and clients who appear before agencies.
EEOC complaints: sender’s fax confirmation “strong evidence” of receipt By Helen W. Gunnarsson February 2010 Lawpulse, Page 66 The 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 holds By Helen W. Gunnarsson February 2010 Lawpulse, Page 66 The 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.
Court: Prevailing Wage Act does not apply to the TIF-financed pricate contractor By Helen W. Gunnarsson January 2010 Lawpulse, Page 10 Supporters of the fourth-district decision say it, along with new legislation, will encourage private development and spur growth.
GINA prevents discrimination based on genetic information By Helen W. Gunnarsson September 2009 Lawpulse, Page 438 Employers and insurers beware: effective November 21, a new federal statute forbids discrimination on the basis of genetic information.
Strict Liability for Sexual Harassment by Supervisors By Cynthia Hyndman, Robert Margolis, and Aleeza Strubel September 2009 Article, Page 454 The 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?
Act extends ability of terminated employees to continue medical insurance coverage. PA 096-0013 August 2009 Illinois Law Update, Page 392 The Illinois General Assembly has amended the Illinois Insurance Code (Code) and the Health Maintenance Organization Act to provide for circumstances in which employees who are terminated or whose hours fall below the minimum hours necessary for coverage may continue to be covered under a group policy or group HMO coverage plan. 
Personnel rules for public officials and employees updated July 2009 Illinois Law Update, Page 336 The Department of Central Management Services has updated the personnel rules, pay plans, and position classifications for public officials and employees.
Claimants Beware: Strict Deadlines Limit Federal Employment Discrimination Suits By Kevin Bennardo June 2009 Article, Page 304 This article reviews the applicable laws - including the Ledbetter Act - and Illinois-based cases.
Sexual harassment and the chain of command By Helen W. Gunnarsson June 2009 Lawpulse, Page 278 Under state law, employers are liable for sexual harassment by supervisors whether or not the employer knew about it and even though the employee-victim doesn't work under the supervisor.
“Rape Shield” for Civil Lawsuits By Helen W. Gunnarsson May 2009 Lawpulse, Page 220 An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.
Drafting Enforceable Noncompetition Agreements in Illinois By Peter A. Steinmeyer April 2009 Article, Page 194 Learn how to increase the odds that your employer-client’s noncompete will pass judicial muster in Illinois’ unfriendly legal environment.