Plaintiff’s case for overtime pay founders on the “administrative exemption”By Michael R. LiedLabor and Employment Law, October 2011In this case, the plaintiff’s primary duty was directly related to the general business operations of both MediaBank and its customers, and the “administrative” exemption applied, defeating her claim for overtime pay.
The Illinois Civil Union Act and employer-provided health insuranceBy Michael R. Lied & Michael J. PowersLabor and Employment Law, July 2011Effective June 1, 2011, unmarried adult partners can enter into a civil union in the State of Illinois by virtue of the Religious Freedom Protection and Civil Union Act.
Employer cannot terminate employee based on conflict between independent medical examination and employee’s doctorBy Michael R. LiedLabor and Employment Law, May 2011In Grabs, et al. v. Safeway, Inc., et al., the appellate court concluded that when an employer is faced with conflicting medical opinions from the employee’s doctor and the employer’s Independent Medical Examiner, it may not rely solely on the IME report in terminating an employee for failing to return to work.
Plaintiff’s uncorroborated testimony wards off summary judgmentBy Michael R. LiedLabor and Employment Law, March 2011If based on personal knowledge or experience, uncorroborated testimony can create disputed material facts. Courts at summary judgment stage should not weigh the evidence or determine the credibility of the testimony; those tasks are for the fact finder.
Fitness-For-Duty exams upheldBy Michael R. LiedLabor and Employment Law, February 2011As the recent cases of Brownfield v. City of Yakima, Washington and Wisbey v. City of Lincoln, Nebraska demonstrate, it may be easier to justify such exams in law enforcement-related occupations.
Prevailing Wage Act bites contractorBy Michael R. LiedLabor and Employment Law, February 2011The Illinois Department of Labor determined that a construction project constituted a public works project subject to the Illinois Prevailing Wage Act, and the subcontractor's employees had not been paid the prevailing wage.
USCIS changes filing requirements for immigrant foreign religious workersBy Michael R. LiedInternational and Immigration Law, December 2010Up to 5,000 special immigrant visas may be granted to religious workers each year. This visa is available for (1) ministers, (2) religious workers in a professional capacity in a religious vocation or occupation and (3) religious workers in a religious vocation or occupation as defined in the statute.
Attorney’s fee seldom will be greater than lodestarBy Michael R. LiedLabor and Employment Law, October 2010Despite superior performance and results, lawyers in most cases will not be awarded increased attorney fees.
Court authorizes employee-by-employee safety penaltiesBy Michael R. LiedLabor and Employment Law, October 2010Recent changes to OSHA clarify that an employer who fails to provide its employees with respirators or workplace training faces not just one violation, but violations for each employee affected.
Employer’s media policy violates labor lawBy Michael R. LiedLabor and Employment Law, July 2010An examination of Trump Marina Associates, LLC, in which an employer was found to have violated the National Labor Relations Act by maintaining and enforcing unlawfully broad rules regarding employees and their dealings with the media.
Courts dismiss complaints for failure to state a claimBy Michael R. LiedFederal Civil Practice, June 2010Courts in the Seventh Circuit are now regularly being asked to dismiss complaints under the new pleading standards.
Court upholds bonus forfeiture for going to work for competitorBy Michael R. LiedLabor and Employment Law, April 2010This decision provides employers in Illinois a possible way to discourage employees from going into competition without the need to seek enforcement of a noncompete agreement.
Return-to-work evaluation is medical exam under ADABy Michael R. LiedLabor and Employment Law, April 2010Employers intending to use a return-to-work examination must determine whether the EEOC's seven factors suggest that the examination is in fact a medical examination. If so, the examination must be justified as job related, and backed by business necessity.
The hiring process—Legal considerationsBy Michael R. LiedLaw Office Management and Economics, Standing Committee on, March 2010Some highlights of the law of hiring and employment-- A must-read for any attorney who is also an employer.
Is the “Legitimate Business Interest” test coming to an end?By Michael R. LiedLabor and Employment Law, January 2010It remains to be seen whether other courts in Illinois will begin to follow the reasoning of Sunbelt Rentals when asked to enforce a restrictive covenant.
Union indemnifies employer for pension withdrawal liabilityBy Michael R. LiedLabor and Employment Law, January 2010Pittsburgh Mack Sales & Service, Inc. v. International Union of Operating Engineers, Local Union No. 66, 580 F.3d 185 (3d Cir. 2990) involved the unusual situation in which a union agreed to partially indemnify the employer for pension contributions.
Editor’s noteBy Michael R. LiedLabor and Employment Law, December 2009In October 2009, President Obama signed the National Defense Authorization Act for fiscal year 2010. Under the NDAA, qualifying “exigency leave” now allows an eligible employee to take leave for a qualifying exigency related to the deployment of a son/daughter or parent who is a member of a regular component of the armed forces.
Reference release overcomes tortious interference claimBy Michael R. LiedLabor and Employment Law, December 2009Under Illinois law, if a written release is clear and unambiguous, the court determines the parties’ intent from the plain language of the document.
Apprenticeship loan not dischargeable in bankruptcyBy Michael R. LiedLabor and Employment Law, September 2009Michael Kesler was undoubtedly surprised that he could not discharge a union apprenticeship program loan in bankruptcy court.
Criminal prosecution under the Occupational Safety and Health ActBy MIchael R. LiedLabor and Employment Law, September 2009Employers do not typically think about the possibility of criminal liability under the Occupational Safety and Health Act. However, Section 17(e) of the Act punishes any employer convicted of willfully violating any standard, rule, order or regulation prescribed pursuant to the Act, if that violation caused an employee’s death.
Editor’s noteBy Michael R. LiedLabor and Employment Law, September 2009In St. Aubin v. Unilever HPC NA, Civil Action No. 09 C 1874 (N.D. Ill. June 26, 2009), the court considered the applicability of Pyett.
Borrowed employee has retaliatory discharge claimBy Michael R. LiedLabor and Employment Law, June 2009In a case of first impression, the Illinois Appellate Court determined that an employee of a staffing company could sue the company’s customer for retaliatory discharge.
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