Publications

Section Newsletter Articles on Employment Law

Staffing company may selectively use e-verify By Michael R. Lied International and Immigration Law, February 2016 An employer that selectively creates E-Verify cases for employees based on citizenship status or national origin may violate the INA's anti-discrimination provision.
New limits on community college employment contracts By Michael R. Lied Labor and Employment Law, December 2015 The Public Community College Act was recently amended to impose certain limitations on employment contracts.
Protecting your employee handbooks and policies from attacks by the NLRB By Mark A. Spognardi Corporate Law Departments, December 2015 For almost a decade, the NLRB has devoted increasing attention to invalidating employer work rules which they deem to interfere with employees’ rights to organize.
Sometimes employer may lawfully ask for additional documents after internal I-9 audit By Michael R. Lied International and Immigration Law, December 2015 How to advise a client following an internal audit of the client’s Forms I-9.
Same-sex marriage ruling will impact employers By Ken Sachs, Megan Norris, and James Boufides Employee Benefits, October 2015 As a result of the ruling in Obergefell v. Hodges, employers may want to change their policies to simply treat all married couples the same.
Illinois Human Rights Commission decision summary By Laura D. Mruk Labor and Employment Law, September 2015 A summary of the recent decision in Christopher Cross and Cook County, d/b/a Oak Forest Hospital of Cook County, Corporate Business Cards, Ltd. v. Illinois Human Rights Commission, Illinois Department of Human Rights, and William Kosmeija.
Independent truck driver vs. employee By Kenneth F. Werts Workers' Compensation Law, September 2015 An examination of Steel & Machinery Transport, Inc. v. Workers’ Compensation Commission.
When do you qualify as a traveling employee? By Robert J. Finley Workers' Compensation Law, September 2015 The traveling employee case generally presents an uncertain path to benefits due to the fact-specific nature of the inquiry.
Workplace wellness programs draw scrutiny from the EEOC By Michael K. Chropowicz and Ronald J. Passarelli Corporate Law Departments, May 2015 While the purported benefits to employers of maintaining wellness programs may be clear, uncertainty regarding the legality of such programs appears to be increasing.
An overview of Illinois’ pregnancy fairness laws By Justin L. Leinenweber Government Lawyers, April 2015 As of January 1, 2015, new provisions in Illinois law establish that pregnancy, childbirth, and medical conditions related to pregnancy or child birth are now protected under the Illinois Human Rights Act.
Case note: Whitaker v. Milwaukee County, Wisconsin By David Krchak Labor and Employment Law, March 2015 This opinion, decided November 25, 2014, establishes the law in the Seventh Circuit that at least for ADA discrimination claims, “joint employer” does not mean that under all circumstances two joint employers are both liable for any proven acts of discrimination under the statute.
Illinois Human Rights Commission decision summary By Laura D. Mruk Labor and Employment Law, March 2015 An update in the case of Corporate Business Cards, Ltd. v. Illinois Human Rights Commission, Illinois Department of Human Rights, and William Kosmieja.
Illinois regulates payroll cards By Michael R. Lied Labor and Employment Law, March 2015 An overview of the amendments to the Illinois Wage Payment and Collection Act.
Regular attendance remains an essential job requirement notwithstanding employer’s work-at-home policy By Jon D. Hoag Labor and Employment Law, March 2015 The 7th Circuit’s recent decision in Taylor-Novotny v. Health Alliance Medical Plans, Inc. provides a reminder to all employers that in order for an employee to establish an ADA claim she must show that she is a “qualified individual with a disability.”
Workplace wellness programs draw scrutiny from the EEOC By Michael K. Chropowicz and Ronald J. Passarelli Labor and Employment Law, March 2015 While the purported benefits to employers of maintaining wellness programs may be clear, uncertainty regarding the legality of such programs appears to be increasing.
Employees failing to use employer’s recordkeeping system lose overtime claims By Michael R. Lied Labor and Employment Law, February 2015 Three recent cases make clear employees have an obligation to record their work time accurately.
Illinois Pregnancy Discrimination Law By Brian M. Dougherty Labor and Employment Law, February 2015 What employers need to know about this new law.
Two laws all employers must be aware of in 2015 By Laura D. Mruk Corporate Law Departments, February 2015 As of January 1, 2015, Illinois has enacted two new laws that impact most employers. The first law is the “Job Opportunities for Qualified Applicants Act” and the second is an amendment to the Illinois Human Rights Act relating to pregnancy discrimination and accommodation.
A decision, finally, after nineteen years: Case review By Michael J. Maslanka Human Rights, January 2015 Although the order in this case was filed under Supreme Court Rule 23, it has a very interesting history and some good tips for employers. Unfortunately, it is also a sad commentary on the delay of justice in some cases.
Ban the Box Law will soon apply to small Chicago employers By E. Jason Tremblay Labor and Employment Law, December 2014 On November 5, 2014, the Chicago City Council approved an ordinance that effectively makes the recently-passed Illinois’ Job Opportunities for Qualified Applicants Act (commonly known as the Ban the Box Law) apply to Chicago employers with fewer than 15 employees.
Extended leave of absence is not a reasonable accommodation By Michael R. Lied Labor and Employment Law, December 2014 A summary of Hwang v. Kansas State University, ___ F.3d ___, 2014 WL 2212071(10th Cir. 2014),
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, December 2014 Recent cases of interest to labor and employment law practitioners.
Employer may be liable for deaths after employee sent threats from company computer By Hon. Russell W. Hartigan and Jessica L. Fangman Civil Practice and Procedure, October 2014 On August 12, 2014 the Illinois Appellate Court, Fifth District, decided Regions Bank v. Joyce Meyer Ministries, Inc., finding an employer may be liable for the deaths of an employee’s wife and children, when death threats were sent by the employee to himself and his family using the employer’s computer network, and the employer voluntary undertook the responsibility to provide security and surveillance for their safety but failed to do so.
Employment Law Update: Who is a Supervisor? Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas General Practice, Solo, and Small Firm, October 2014 General practitioners should be aware of the narrow definition of supervisor and the limitation proof of retaliation when considering taking on employment discrimination and retaliation cases.
Tenured teacher has no property interest in employment after lay-off By Roland Cross Education Law, October 2014 A summary of Price v. Board of Education of the City of Chicago and Barbara Byrd-Bennett.
Constructive voluntary resignations and failure to maintain tool of the trade: Toward a simpler rule By Cathy A. Pilkington Labor and Employment Law, September 2014 The author advocates for simplification in this complex area of the law. 
The new Illinois Job Opportunities for Qualified Applicants Act By Michael R. Lied Labor and Employment Law, September 2014 This new Act prohibits an employer or employment agency from inquiring about, considering, or requiring disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that he or she has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made.
Are the company’s severance and settlement agreements enforceable? By Alan M. Kaplan Business Advice and Financial Planning, July 2014 The decision in EEOC v. CVS Pharmacy, Inc., which was filed in February of this year, may affect what language can be used in enforceable severance agreements.
Workplace protective orders: Less-than-ideal protection for victims By Amanda Hall Women and the Law, July 2014 The Workplace Violence Prevention Act, which took effect on January 1, 2014, may help victims of violence in some circumstances, but it is far from perfect.
Compensation for household services By Mark Rouleau Civil Practice and Procedure, June 2014 Anytime a person is unable to perform their ordinary job duties causing them to suffer a loss of income it is very likely that they also suffer a loss of the household services that they would have ordinarily provided to themselves or their spouses. This element of damages is frequently overlooked even though it is very easily calculated.