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Labor and Employment LawThe newsletter of the ISBA’s Section on Labor & Employment Law

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Newsletter articles from 2001

Appellate court lacks jurisdiction to review partial dismissal of claim under Human Rights Act By Michael R. Lied November 2001 In Matson v. Department of Human Rights, 255 Ill. Dec. 888, 750 N.E.2d 1273 (2d Dist. 2001), a case of first impression, the appellate court determined it lacked jurisdiction to review a determination of the Department of Human Rights' Chief Counsel affirming partial dismissal of a handicap discrimination claim.
Arbitration in the nonunion sector; high court interprets the Federal Arbitration Act By Amanda Sonneborn June 2001 Private forms of workplace arbitration are more prevalent than ever. In unionized work settings, labor arbitration provides employers and unions an indispensable method for adjusting their relationship.
Editor’s note June 2001 One issue which has not been settled totally is when a union contract may require union members to arbitrate statutory claims.
Employer bears burden of proving supervisory status in NLRB proceeding By Michael R. Lied November 2001 A labor law issue which comes up with some frequency is whether certain individuals are employees--and therefore entitled to the protections of the National Labor Relations Act, or supervisors, who are usually excluded from such protection.
Employment law update By Donald R. Tracy and Catherine A. DeGenova-Carter February 2001 1. Sinkler v. Mid-West Property Management, 209 F.3d 678 (7th Cir. 2000). The Seventh Circuit held that an individual's driving phobia was not sufficiently limiting to qualify as a disability.
Expert witnesses cannot testify to standard of conduct in a fiduciary duty case By Michael R. Lied November 2001 LID Associates, et al. v. Charles F. Dolan, et al., 2001 Ill. App. LEXIS 683 (1st Dist. Aug. 30, 2001), involved claims by a number of limited partner investors in Cablevision of Chicago against general partner, Charles F. Dolen and Cablevisions Systems Services Corporation for breach of fiduciary duty involving three financing transactions.
Fifth District Appellate Court voids physician-employee noncompetes on public policy grounds By William LLynch Schaller February 2001 One of the peculiarities of Illinois employee noncompete law is its treatment of physician employees.
Hot topics: did you know that disciplinary suspensions of less than one week can jeopardize an salaried employee’s exempt status from the overtime requirements of the Fair Labor Standards Act? By Kevin D. Eack November 2001 This issue has brewing for some time for employers. In Auer v. Robbins, 519 U.S. 452, 117 S.Ct. 905 (1997), the U.S. Supreme Court reviewed the policy and practices of the St. Louis Metropolitan Police Department regarding this issue.
IDES report By Glenn R. Gaffney June 2001 Our proposed legislation to repeal the statute making it a Class A misdemeanor for an attorney to charge a fee on behalf of a claimant before the Illinois Department of Employment Security (HB 812) was sponsored by Jay C. Hoffman (D), 112th Representative District, 126 Vandalia, Suite 1, Collinsville, Illinois 62234 (618-345-2176).
IDHR stakeholder survey By Nile J. Williamson June 2001 Because the Labor and Employment Section Council of the Illinois State Bar Association meets approximately four to five times a year it was not possible to respond to the IDHR stakeholder survey until now.
Illinois appellate court recognizes claim for retaliatory discharge relating to filing for unemployment benefits By Michael R. Lied November 2001 On a number of occasions the Illinois Supreme Court has cautioned the lower courts against expanding the tort of retaliatory discharge.
ISBA Labor and Employment Law Section Council minutes November 2001 1) Call to order: Section Council Chairperson, Trisha Crowley, called the meeting to order at 3:00 p.m.
Labor and Employment Law minutes June 2001 The meeting was called to order by Section Council Chair Kevin Eack at 10:00 a.m.
Labor and Employment Law minutes February 2001 Section Council Chair Kevin Eack called the meeting to order at 3:10 p.m.
Minority business set aside program ruled unconstitutional By Michael R. Lied November 2001 In Builders Association of Greater Chicago v. County of Cook, et al., 256 F.3d 642, the Seventh Circuit Court of Appeals affirmed a district court ruling that Cook County's minority and women-owned business enterprise program was unconstitutional.
Minutes of the Labor and Employment Law Section Council meeting April 2001 The meeting was called to order by Section Council Chair Kevin Eack at 2:00 p.m.
NLRB makes it harder towithdraw recognition from a union By Michael R. Lied June 2001 In Levitz Furniture Company v. United Food and Commercial Workers Union, Local 101, 333 NLRB No. 105, the NLRB reversed nearly 50 years of precedent, making it more risky for an employer to unilaterally withdraw recognition from an incumbent union.
Nursing mothers to be accommodated By Alisa B. Arnoff November 2001 A new law effective July 12, 2001 requires covered employers to provide nursing mothers with unpaid break time to express breast milk.
Report on activities of the Department of Labor By Trisha Crowley June 2001 A. The Department has updated hearing procedures for administrative hearings. The new regulations are located at 56 Ill.Adm.Code 120.
Seventh Circuit expounds on trade secret issues By Michael R. Lied November 2001 Labor and employment lawyers occasionally run into trade secret issues, often in the context of cases which also involve covenants not to compete.
Seventh Circuit partially closes the FLSA “window of correction” By Michael R. Lied June 2001 To be exempt from entitlement to overtime pay under the Fair Labor Standards Act, an employee must usually meet certain job duties tests, as an executive, administrative or professional employee, and also be paid on a salaried basis.
Supreme Court rules cap on damages not applicable to front pay By Michael R. Lied June 2001 In the Civil Rights Act of 1991, Congress expanded the remedies available to Plaintiffs alleging discrimination--for the first time allowing compensatory and punitive damages.
Viability of hostile work environment claims under the ADA in the Seventh Circuit By Nile J. Williamson April 2001 A viable but frequently overlooked cause of action for the plaintiff's bar in employment litigation concerns hostile work environment claims pursuant to the Americans with Disabilities Act.
When a committee decides By Elaine Massock November 2001 State and Federal case law has recently clarified that discriminatory comments by one member of a decision making Board or Committee will not necessarily fatally taint the decision