Publications

Section Newsletter Articles on Employment Law

Employers beware: The emerging anti-bullying/non-discriminatory hostile work environment claim By Richard A. Russo Labor and Employment Law, March 2014 Although the Act, and similar anti-bullying bills considered by 24 state legislatures, were not enacted into law, there is sure to be other attempts in the near future to introduce anti-bullying legislation similar to the Act and modeled after the Healthy Workplace Bill. As such, this emerging area of law is one that employers need to continue to keep an eye on.
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied International and Immigration Law, March 2014 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.
Illinois unemployment cases—An overview of the process By Donald S. Rothschild and Brian M. Dougherty Labor and Employment Law, March 2014 A basic primer of the unemployment claims procedure in Illinois.
Legislation intended to lower the employment barriers for people with disabilities By Ellis B. Levine Human Rights, March 2014 An overview of the Illinois Employment First Act, signed into law in July 2013.
OSHA’S 10 most frequently cited standards for Fiscal Year 2013 By Michael R. Lied Labor and Employment Law, March 2014 A table identifying the most cited standards.
OSHA developments By Michael R. Lied Labor and Employment Law, January 2014 Recent updates items of interest to labor & employment practitioners. 
Workplace Violence Protection Act in context By David Krchak Labor and Employment Law, January 2014 The Workplace Violence Prevention Act expands the circle of potential protection under orders of protection to almost any employed person in society.
Employer responsibilities under the Patient Protection and Affordable Care Act By Bernard G. Peter Corporate Law Departments, December 2013 Compliance with the Act, or at least making a good-faith effort to comply with the Act, could save employers time and expense should the employer or the employee benefit plans of the employer be audited.
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied Labor and Employment Law, December 2013 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.
Harassment: Supreme Court defines “supervisor” for revising job descriptions By James G. Gillingham Business Advice and Financial Planning, December 2013 As a result of Vance v. Ball State University, all employers should analyze their job descriptions and determine whom they are identifying as supervisors and redraft the language where appropriate.
Medical marijuana comes to Illinois—What it means for Illinois employers By E. Jason Tremblay Labor and Employment Law, December 2013 Now that Illinois allows the use of marijuana for medicinal purposes, employers in this state should take steps now to understand the new law and to prepare for its consequences.
Some safety incentive programs may be unlawful By Michael R. Lied Labor and Employment Law, December 2013 Incentive programs that discourage employees from reporting their injuries are problematic because, under Section 11(c) of the OSH Act, an employer may not “in any manner discriminate” against an employee because the employee exercises a protected right, such as the right to report an injury.
Traveling employee theory does not extend to employer tort liability By Jason G. Schutte Civil Practice and Procedure, December 2013 The traveling employee concept from workers compensation cases cannot be utilized to hold an employer liable for its employee’s tortious conduct through respondeat superior
An update on Comprehensive Immigration Reform (CIR) and its impact on employers By Tejas Shah International and Immigration Law, December 2013 The author shares his presentation from the Section's recent CLE program, "Immigration, Legislation and Case Law Update."
Another source for discovery: Ethical and legal issues in communication with former employees of an adverse employer By Kyle Orne Labor and Employment Law, October 2013 A helpful guide for discovering information from former employees.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, October 2013 Recent cases of interest to employment law practitioners.
Risk arising out of the employment By Gary Peterlin Workers' Compensation Law, October 2013 A summary of Autumn Accolade v. The Illinois Workers’ Compensation Commission.
Supreme Court upholds arbitration agreement with class action waiver “congressional mandate” must be clear to trump By Marji Swanson Labor and Employment Law, October 2013 Although FAA. American Express Co. v. Italian Colors Rest was an antitrust claim, the decision is so broadly written that it could also have implications on class-action waivers in the labor and employment arena.
Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas Labor and Employment Law, September 2013 In a pair of 5-4 decisions this past June, the Supreme Court limited the definition of supervisor and increased the standard of causation for retaliation under Title VII of the Civil Rights Act.
The Supreme Court’s Vance v. Ball State University decision—Who is a supervisor for purposes of Title VII? By Carlos S. Arévalo Labor and Employment Law, September 2013 On June 24, 2013, the Supreme Court issued its decision in Vance v. Ball State University, which held that an employee is a “supervisor” for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment actions against the victim.
What business owners and attorneys need to know about the Firearm Concealed Carry Act By Frank J. Del Barto Business Advice and Financial Planning, September 2013 An overview of the Firearm Concealed Carry Act and its implications for employers and business owners.
Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas Women and the Law, August 2013 In a pair of 5-4 decisions this past June, the Supreme Court limited the definition of supervisor and increased the standard of causation for retaliation under Title VII of the Civil Rights Act.
OSHA clarifies regulations: Third parties may act as the employees’ “walkaround representative” during OSHA inspections By Paul G. Prendergast and James S. Shovlin Labor and Employment Law, August 2013 The Occupational Safety and Health Administration issued a letter of interpretation February 21, 2013 clarifying regulations regarding OSHA workplace inspections.
Otto May, Jr. v. Chrysler Group LLC: Anatomy of the largest employment discrimination verdict in Illinois history By Stephen E. Balogh Labor and Employment Law, August 2013 Regardless of how and when this lawsuit finally resolves, it remains that the Clerk of the U.S. District Court for the Northern District of Illinois has anecdotally informed the district judge and the parties that the verdict entered by the jury of eight people in the courtroom in Rockford, Illinois, on September 2, 2009, stands as the largest award in a single-plaintiff employment discrimination case in any district court in Illinois.
Please check your guns at the door: Employer rights under the Illinois Firearm Concealed Carry Act By Richard A. Russo Labor and Employment Law, August 2013 The Act provides those employers not included on the list of prohibited areas with the flexibility to determine whether or not they wish to permit employees and visitors with concealed carry licenses to carry concealed firearms in the workplace.
Federal successor liability under ERISA and the MPPAA By Donald S. Rothschild and Brian M. Dougherty Labor and Employment Law, July 2013 This article will explore the history of ERISA and the MPPAA, how successor liability has evolved under federal law and what needs to be proven in order to hold a successor company liable for withdrawal liability.
Hitchcock v. Angel Corps, Inc.—Pretext case By Cassie Korando and Shari R. Rhode Labor and Employment Law, July 2013 The Court held that based on Hitchcock’s evidence, a reasonable juror could determine that the reasons given for her termination was pre-textual.
Employee’s misconduct results in both termination and loss of nearly $2M contingent payment By Michael R. Lied Labor and Employment Law, June 2013 This case is interesting because it is one of the rare state court cases that determines what actions by an employee may be “cause” for termination, relying on the Illinois Unemployment Insurance Act.
Employee’s quit not attributable to employer; No unemployment benefits By Michael R. Lied Labor and Employment Law, June 2013 The issue on appeal was whether the Board’s decision finding that the plaintiff voluntarily left her employment without good cause was clearly erroneous.
Employer may lawfully change schedule to limit overtime By Michael R. Lied Labor and Employment Law, June 2013 The issue on appeal in this case was whether the FLSA limits an employer’s freedom to change an existing workweek designation.