Publications

Section Newsletter Articles on Employment Law

Form I-9: Delay of another Interim Rule By Maryann Bullion International and Immigration Law, April 2009 All employers, whether they are individuals, corporations, government entities, or a small family business, have an affirmative duty to ensure they are not hiring aliens who are unauthorized to work in the United States.
Employment agreements By Herbert J. Klein Business Advice and Financial Planning, March 2009 Key points to consider in advising a client considering an employment agreement.
New challenges and opportunities for employer leave of absence programs By David L. Miller Labor and Employment Law, March 2009 Recent changes to the Family and Medical Leave Act raise new challenges and opportunities for employers when managing employees who are ill or injured.
You’ve got to play to win: Employers and the H-1B visa lottery By Sonya Som Administrative Law, March 2009 Due to the statutory limits placed on issuance of new H-1B visas each fiscal year, businesses that want to take advantage of this option must be prepared to enter the annual H-1B visa lottery.
Two new laws require employers to extend health benefits By Jim McGrath Corporate Law Departments, January 2009 Recently President Bush signed Michelle’s Law, prohibiting health insurance companies from terminating coverage for dependent college students who are forced to leave school due to a medical condition or serious injury.
Employment claims based on association with another person By Michael R. Lied Labor and Employment Law, December 2008 You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements.
Illinois acts to protect biometric information By Michael R. Lied Labor and Employment Law, December 2008 Illinois recently enacted the Biometric Information Privacy Act, Public Act 95-0994.
EEOC issues ADA guidance on applying performance and conduct standards to employees with disabilities By Mary Theresa Metzler and Karen D. McCarthy Corporate Law Departments, October 2008 On September 3, 2008, the EEOC issued “a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues.”
Employee has claim for harassing workplace behavior not directed at her By Michael R. Lied Labor and Employment Law, September 2008 Reeves worked as a Transportation Sales Representative for C.H. Robinson Worldwide, Inc. (“CHRW”) in its Birmingham, Alabama branch office. She was the only female TSR in the office.
Employee lawfully discharged after objecting to disclosing protected health information By Michael R. Lied Labor and Employment Law, September 2008 Rockwell Lime Company, seeking competitive bids for group health insurance, requested its employees authorize the disclosure of their protected health information to insurance companies for the purpose of pre-enrollment underwriting and risk rating.
Employer loses insurance coverage for failure to timely report a claim of discrimination By Michael R. Lied Labor and Employment Law, September 2008 The lesson here? Read your policy requirements. Arrowood Indemnity Co. refused to defend Westrec Marine Management Co., because Westrec failed to timely report a claim of discrimination.
Employer’s confidentiality policy violates labor law By Michael R. Lied Labor and Employment Law, September 2008 The NLRB alleged that Northeastern Land Services, Ltd. violated Section 8(a)(1) of the National Labor Relations Act by maintaining, in its employment contracts, an overbroad confidentiality provision, and by terminating employee Dupuy for breaching that policy.
Memorizing secret information may violate Trade Secrets Act By Michael R. Lied Labor and Employment Law, September 2008 Al Minor & Associates, Inc., (“AMA”) is an actuarial firm that designs and administers retirement plans and that employs pension analysts who work with approximately 500 clients.
Nondisclosure agreements: A discussion with useful examples By Eugene F. Friedman J.D.,Ph.D. Business Advice and Financial Planning, September 2008 Nondisclosure agreements find use in a wide variety of situations including employment, business sales, joint ventures, and other cooperative efforts.
Plaintiff’s prior lawsuits and mental health treatment may be admissible evidence By Michael R. Lied Labor and Employment Law, September 2008 In September 2003, Davis began employment with Lincare as a full-time healthcare specialist. Lincare’s area manager, Kline, promoted her to center manager in June 2004.
Recent case involving the non-enforcement of non-solicitation agreements By Peter LaSorsa Corporate Law Departments, September 2008 Last spring, the Third Circuit Appellate Court in Illinois upheld a Will County Judge’s decision and held an employment agreement, which restricted the ability of the employee to solicit customers of the employer post-employment, was not enforceable due to a lack of adequate consideration notwithstanding that it was signed at the time the employee was hired by the employer.
Recent Supreme Court and Ninth Circuit decisions: Employment and labor decisions By Gary R. Clark Corporate Law Departments, July 2008 On June 19, 2008, the Supreme Court and the Ninth Circuit issued four decisions resolving key questions in labor and employment law which are summarized below.
Are employment contracts a matter of record and available under FOIA? By Marc Christopher Loro Administrative Law, June 2008 This article examines the applicable FOIA provisions, and the appellate court’s reasoning and holding that the contracts must be disclosed.
EEOC issues guidance on employment testing By Michael R. Lied Labor and Employment Law, June 2008 The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that provides employers guidance on employment related testing and selection methods.
He said, she said: Handling uncorroborated allegations of sexual harassment By Richard A. Russo Labor and Employment Law, June 2008 While most of the general principles and steps for conducting an effective sexual harassment investigation apply to investigations involving uncorroborated allegations, there are a few additional issues that an employer should consider.
Immigration-related raids: Employer rights and lawful responses By Kristin Lopez Law Office Management and Economics, Standing Committee on, June 2008 The key to minimizing civil penalties and criminal prosecution in connection with immigration raids is knowing how to respond and knowing what rights an employer has. This information is intended to give general guidelines about employer rights when faced with an unannounced immigration raid and is not a substitute for legal advice.
It is clear error for a school board to rely on an employee’s expunged record as a basis for discharge from employment By Andrew Creighton Administrative Law, June 2008 In Russell v. Board of Education of Chicago, the appellate court explained that when an administrative agency controls the manner of service of the final decision, the burden is on the agency to establish that the petition for review was filed more than 35 days after the final decision. 
The no match letter—What employers need to know By Kevin Raica and Brent Wikgren Law Office Management and Economics, Standing Committee on, June 2008 This article guides employers through the no-match process by explaining the role of the SSA in issuing the no-match letter, the reasons for issuance of a no-match letter, and the timing and required response from employers under the current and proposed rules.
Tort Immunity Act is no protection against claim of retaliatory discharge for pursuing workers’ compensation claim By Karen D. Fox Labor and Employment Law, June 2008 On April 17, 2008, in Smith v. Waukegan Park District, 2008 WL 1746664, the Illinois Supreme Court held that the Tort Immunity Act did not protect a public entity against a claim by an employee of retaliatory discharge for pursuing his workers’ compensation benefits.
Navigating an unemployment claim By Melissa Schroeder and Lisa Collins Law Office Management and Economics, Standing Committee on, May 2008 The purpose of this article is to provide the general practitioner with a primer on procedures pertaining to the Illinois Department of Employment Security, unemployment hearings and the issues that surround them when terminating an employee.
Navigating the Employment Eligibility Verification Process (Form I-9) By Kevin Raica Law Office Management and Economics, Standing Committee on, May 2008 This article clarifies the I-9 process and provides you with a step-by-step guide to I-9 completion.
Recent statutory developments in Illinois labor & employment law By Richard L. Samson and Matthew Levine Law Office Management and Economics, Standing Committee on, April 2008 This article discusses the amendment to the amendment to Illinois’ Right to Privacy in the Workplace Act, as well as most Illinois laws passed over the last several years affecting the employee-employer dynamic.
The ice person cometh By John F. Fatino International and Immigration Law, March 2008 Increasingly, corporate counsel and other employment practitioners have become concerned about the enforcement activities of both the federal and state governments concerning the hiring of undocumented workers.
Proposed FMLA revisions are a “mixed bag” and provide employers almost no guidance regarding new Family Military Leave By Ellen M. Girard Corporate Law Departments, March 2008 On February 11, 2008, the Department of Labor (“DOL”) issued proposed revisions to the federal FMLA regulations and identified issues for comment under the new FMLA categories concerning family military leave.
Employers beware: Illinois gives employees ticket to take discrimination claims to state court By Ellen M. Girard Corporate Law Departments, February 2008 Major amendments to the Illinois Human Rights Act (“Act”) will give complainants the choice of taking their Illinois Department of Human Rights (“IDHR”) charges on to Illinois circuit courts – regardless of the outcome at the IDHR. Previously, complainants could only proceed before the Illinois Human Rights Commission (the “Commission”) – but only in cases where the IDHR found substantial evidence or did not timely complete its investigation.