Publications

Section Newsletter Articles on Employment Law

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.
Illinois recognizes privacy rights in case involving investigation of former employee By Michael R. Lied Labor and Employment Law, June 2013 A look at the case of Lawlor v. North American Corporation of Illinois.
Changes in the IRS Independent Contractor Classification Program By Lisa B. Petkun Labor and Employment Law, May 2013 The modified voluntary classification settlement program allows employers to voluntarily reclassify workers who were treated as independent contractors prospectively in exchange for immunity for the past.
Employee lacks ADA claim because of absenteeism By Michael R. Lied Labor and Employment Law, May 2013 Because there was no evidence permitting a conclusion that the plaintiff was a qualified individual for ADA purposes, the district court correctly entered summary judgment for the defendant on her ADA claim.
Rarely-performed task can still be essential By Michael R. Lied Labor and Employment Law, May 2013 A summary of the recent case of Knutson v. Schwan’s Home Service, Inc.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, March 2013 Recent cases of interest to labor & employment law practitioners.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Human Rights, March 2013 Recent cases of interest to human rights law practitioners.
Social media and employer liability under the NLRA By Michael K. Chropowicz Labor and Employment Law, March 2013 Over the past year, the National Labor Relations Board has provided some degree of guidance on application of the National Labor Relations Act to employer social media policies. This brief article illustrates the Board’s position, giving management and their counsel notice of the types of policies that will be found unlawful.
Eliminating rotating shift not required to reasonably accommodate disabled employee By Michael R. Lied Labor and Employment Law, October 2012 A look at Kallail v. Alliant Energy Corporate Services, Inc.
I-9 Compliance: Information for employers By Scott D. Pollock International and Immigration Law, September 2012 Common questions and answers for employers dealing with Form I-9.
What consequences does an employer face when there is a refusal to authorize treatment? A petitioner’s perspective By Richard D. Hannigan Workers' Compensation Law, July 2012 A summary of the recent case of Hollywood Casino – Aurora v. Illinois Workers’ Compensation Commission.
Plaintiff fails to provide admissible evidence to avoid summary judgment By Michael R. Lied Labor and Employment Law, June 2012 A summary of the Luster v. Illinois Dept. of Corrections case.
Plaintiff’s challenge to employer’s light duty policy fails By Michael R. Lied Labor and Employment Law, June 2012 Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
Accusing employee of “Playing the race card” keeps his case alive By Michael R. Lied Labor and Employment Law, March 2012 Employee's history of complaints and Plant Manager's “race card” statements were deemed enough to allow employee to survive summary judgment on his retaliation claim. The court of appeals reversed the grant of summary judgment and remanded for further proceedings in Burnell v. Gates Rubber Co.
Drafting enforceable restrictions on recruiting employees By Arthur Sternberg Labor and Employment Law, March 2012 To be enforceable, contractual restrictions on soliciting or hiring an employer’s personnel should avoid a blanket prohibition on recruiting or hiring all employees. This applies not only to employment-related agreements, but also to business-to-business agreements, such as confidentiality and service agreements. This article examines what is an overbroad recruitment restriction under Illinois law and how to narrow them.
Human resources director allegedly makes admissions of discrimination and retaliation By Michael R. Lied Labor and Employment Law, March 2012 A summary of the recent case of Makowski v. SmithAmundsen LLC.
Illinois Employee Credit Privacy Act By Michael D. Gifford Labor and Employment Law, March 2012 Prior to the Act, which went into effect on January 1, 2011, it was increasingly common for employers to obtain credit reports on prospective employees on the theory that negative credit ratings could predict work place problems.