Publications

Illinois Bar Journal
Articles on Employment Law

Sexual Harassment: No More "Welcomeness" Defense Against Minors By Eugene H. Hollander September 2007 Article, Page 486 A recent case eliminates the defense that an underage sexual-harassment plaintiff welcomed the sexual contact.
Whistleblower Act does not preempt common law action for retaliatory discharge September 2007 Illinois Law Update, Page 460 On July 3, 2007, the Illinois Appellate Court, First District, reversed the order of the Circuit Court of Cook County dismissing Melissa Callahan's complaint for common law retaliatory discharge.
Employers win pay-disparity case in Supreme Court By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 In Ledbetter, the Supreme Court rules that Title VII's filing deadline bars employment discrimination claims based on decisions that occurred outside the limitations period, even if the employee's current pay is lower because of the decisions.
Local public entity immune from retaliatory discharge claim August 2007 Illinois Law Update, Page 404 On June 6, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Lake County dismissing Gregory Smith's retaliatory discharge complaint against the Waukegan Park District. 
Melena and Mandatory Arbitration Agreements in Employment Contracts By Andrew Harris August 2007 Article, Page 418 A look at the Illinois Supreme Court's arbitration-friendly decision in Melena, complete with pointers for drafting or challenging arbitration clauses in its wake.
A Primer on Qualified Pension and Profit-Sharing Plans By Stephen M. Margolin and Harvey S. Shifrin July 2007 Article, Page 376 Pension and profit-sharing plans are more valuable than ever. Here's an overview for business advisors.
Arbitration panel exceeded its authority by ignoring plain language of contract June 2007 Illinois Law Update, Page 292 On March 29, 2007, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County confirming an arbitration award in favor of the plaintiffs on the plaintiffs' claim that defendants had improperly terminated their management agreement for several apartment complexes. 
Day laborers protected under Minimum Wage Law -PA 094-1102 May 2007 Illinois Law Update, Page 236 The Illinois General Assembly (Assembly) has amended the Minimum Wage Law in order to protect the interests of day laborers and other short term employees. 
Liquidated Damages: The Forgotten Remedy in Noncompete Disputes By Kenneth J. Vanko May 2007 Article, Page 254 Damages are often difficult to prove in unfair competition cases. Liquidated damages clauses can provide an effective - and efficient - remedy.
Litigating Noncompetition Agreements: The Employee's Perspective By Patrick M. Kinnally May 2007 Article, Page 250 Your client's former employer goes to court seeking a TRO to enforce a noncompete agreement against him. What do you do?
A new, stricter test for independent contractor status? By Helen W. Gunnarsson May 2007 Lawpulse, Page 230 Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?
New incentives to promote jobs in the film and bioscience industries March 2007 Illinois Law Update, Page 124 56 Ill Adm Code 2650 has been amended by the Department of Commerce and Economic Opportunity (Department). 
The Search for Illegal Workers: When Homeland Security Comes Knocking By Minnie Fu and Neil H. Dishman March 2007 Article, Page 132 DHS is stepping up enforcement against companies suspected of employing unauthorized workers. Here's how to survive a DHS investigation.
State Law Tort Claims - A New Weapon in Employment Discrimination Cases? By Eugene K. Hollander March 2007 Article, Page 146 A recent seventh circuit case bucked convention and allowed a state tort claim in an employment discrimination action.
The Supreme Court Widens the Opening for Title VII Retaliation Claims By Adam C. Wit January 2007 Article, Page 36 In Burlington Northern, the Court resolved in favor of employees a lower-court dispute about what constitutes forbidden retaliation.
New rules for work-at-home solicitations - PA094-0999 December 2006 Illinois Law Update, Page 650 The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 
No breach of fiduciary duty in planning a new, competing business December 2006 Illinois Law Update, Page 650 On September 27, 2006, the Illinois Appellate Court, First District, upheld the Circuit Court of Cook County's findings that the appellees, Hallman and McQueen, did not violate their fiduciary duties as former employees of Cooper Linse Hallman Capitol Management, Inc (Cooper).
Employers' Tort Liability for Employees' Injuries: A Primer By Jennifer E. Simms November 2006 Article, Page 602 An overview of the interplay between the workers' comp and contribution statutes and the cases interpreting them.
Harsher new penalties under the Minimum Wage Act - PA 094-1025 November 2006 Illinois Law Update, Page 584 The Illinois General Assembly has amended section 12 of the Minimum Wage Act (Act) to create more severe penalties for employers who fail to meet the requirements of the Act. 820 ILCS 105/12. 
Employers not responsible for employee fatigue October 2006 Illinois Law Update, Page 526 On July 14, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of La Salle County, dismissing plaintiff Behrens' complaint against Harrah's for failure to state a claim. 
Employees granted leave time to donate blood September 2006 Illinois Law Update, Page 464 The Illinois Department of Public Health has added new sections to part 985 of title 77, 77 Ill Adm Code 985. 
Employer sues ex-employee under computer fraud law for deleting data - and wins By Helen W. Gunnarsson September 2006 Lawpulse, Page 458 A company used civil provisions of the Computer Fraud and Abuse Act against a departing employee who irrevocably deleted business information from his laptop.
Employee Stock Forfeiture Provisions : A Different Breed of Restrictive Covenant By James V. Garvey and Frederic T. Knape July 2006 Article, Page 376 The authors argue that forfeiture provisions should not be subjected to  traditional restrictive covenant analysis.
Employers' liability for employees' loose tongues By Helen W. Gunnarsson July 2006 Lawpulse, Page 338 The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 
Illinois skills match program posts job vacancies online : PA 094-0786 July 2006 Illinois Law Update, Page 334 In order to make securing employment easier for its citizens, the Department of Employment Security Law of the Civil Administrative Code of Illinois has added the Illinois Skills Match Program under section 1005-47 of 20 ILCS 1005.
The Impact of an Employer's Bankruptcy on Employees By Travis J. Ketterman June 2006 Article, Page 304 This article looks at how workers can protect their rights when their employer enters bankruptcy.
Mandatory arbitration agreements are binding on employees June 2006 Illinois Law Update, Page 284 On March 23, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, which held that mandatory arbitration agreements between employers and employees are only valid if entered into "knowingly and voluntarily" by the employee.
Separate but equal grooming standards okayed By Helen W. Gunnarsson June 2006 Lawpulse, Page 278 Requiring female but not male bartenders to wear makeup does not violate Title VII, the ninth circuit rules. 
What's crude talk among Friends? By Helen W. Gunnarsson June 2006 Lawpulse, Page 278 Sexually charged talk in the workplace doesn't always equal sexual harassment, the California Supreme Court says. 
Handling Employees' Requests for Personal Attorneys During Internal Investigations By Paul E. Starkman May 2006 Article, Page 250 Most employers resist employees' efforts to "lawyer up" in response to a company investigation. Maybe they shouldn't.
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