Section Newsletters

Articles on Employment Law

A decision, finally, after nineteen years: Case review By Michael J. Maslanka Human and Civil 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.
1 comment (Most recent January 17, 2015)
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 & 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.
1 comment (Most recent July 23, 2014)
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.
Unsuccessful appeal subjected plaintiff’s attorney to possible sanctions By Michael R. Lied Labor and Employment Law, May 2014 A summary of the recent case of Bass v. Joliet Public School Dist. No. 86.
Appellate Court upholds ruling that Illinois Wage Payment and Collection Act does not apply to unpaid future wages under terminated employment contract By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, April 2014 A summary of Majmudar v. House Of Spices (India), Inc.
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 & 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 and Civil 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.
1 comment (Most recent February 13, 2014)
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.

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