Publications

Illinois Bar Journal
Articles on Employment Law

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.
How Illinois’ New Gay Rights Law Affects Employers and Workers By Bryan P. Cavanaugh April 2006 Article, Page 182 "Sexual orientation" is now a protected status in the Illinois workplace. Here's what that means for your clients.
Must employers try to stop employees’ “unauthorized activity”? By Helen W. Gunnarsson April 2006 Lawpulse, Page 166 Yes, a New Jersey court says, at least if the activity is accessing child porn on company computers and the employer is on notice about it. 
State agencies must post rules regarding ADA grievance procedures April 2006 Illinois Law Update, Page 174 The Illinois Department of Public Health (Department) has added new sections to Part 1700 of Title 4, 4 Ill Adm Code 1700. 
Can Employers Prevent Former Workers from Hiring Current Employees? By David F. Rolewick January 2006 Article, Page 34 For years, most Illinois courts have held that an employer can't stop departed employees from recruiting the employer's current workers. But that might be changing.
Corporate officers not personally liable for employee vacation, severance pay By Helen W. Gunnarsson December 2005 Lawpulse, Page 614 The Illinois Supreme Court ruled that officers and directors aren't liable under the Illinois Wage Payment and Collection Act for employees' unpaid vacation time and severance pay.
Tax Issues in Employment Discrimination Settlements By Ralph A. Morris and Heather R.M. Becker December 2005 Article, Page 638 Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.
TaxNet: Online tax filing for employers By Helen W. Gunnarsson November 2005 Lawpulse, Page 558 Now Illinois employers can pay state taxes and file documents online.
Wages and sin By Helen W. Gunnarsson June 2005 Lawpulse, Page 274 Can an employee who considers homosexuality a sin openly oppose his employer's workplace diversity effort? What are the limits of religious practice and expression in the workplace?
Allowing Disparate Impact Claims Under the ADEA By Lori D. Ecker and Joseph M. Gagliardo April 2005 Article, Page 198 Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?