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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 2010

Attorney’s fee seldom will be greater than lodestar By Michael R. Lied October 2010 Despite superior performance and results, lawyers in most cases will not be awarded increased attorney fees.
Common-law tort and federal anti-discrimination claims not preempted by Illinois Human Rights Act By Michael R. Lied January 2010 The Illinois Supreme Court reversed the judgment of the appellate court, and remanded to the appellate court to consider defendant’s other claims of error. 
Court authorizes employee-by-employee safety penalties By Michael R. Lied October 2010 Recent changes to OSHA clarify that an employer who fails to provide its employees with respirators or workplace training faces not just one violation, but violations for each employee affected.
Court upholds bonus forfeiture for going to work for competitor By Michael R. Lied April 2010 This decision provides employers in Illinois a possible way to discourage employees from going into competition without the need to seek enforcement of a noncompete agreement.
EEOC beats back challenge to its jurisdiction to issue administrative subpoenas By Paul E. Freehling April 2010 An employer has a greater chance of persuading a federal appeals court to hold part or all of an EEOC administrative subpoena by showing that compliance would be unduly burdensome, rather than arguing the subpoena is outside the EEOC's jurisdiction.
Employer’s media policy violates labor law By Michael R. Lied July 2010 An examination of Trump Marina Associates, LLC, in which an employer was found to have violated the National Labor Relations Act by maintaining and enforcing unlawfully broad rules regarding employees and their dealings with the media.
False claims law: What employment attorneys need to know By Ronald B. Schwartz July 2010 Labor and employment law lawyers who represent employees should have sufficient knowledge of the Federal False Claims Act to be able to spot potential qui tam Relator cases.
Headquarters’ headaches—Extraterritoriality and the courts By Douglas A. Darch and Miriam Geraghty January 2010 The mobility of workers and the dispersion of employment sites has generated a new issue for employers—which state’s law controls an employment relationship and in which state may an aggrieved employee file suit against his or her employer when the employer conducts business in multiple states.
Is the “Legitimate Business Interest” test coming to an end? By Michael R. Lied January 2010 It remains to be seen whether other courts in Illinois will begin to follow the reasoning of Sunbelt Rentals when asked to enforce a restrictive covenant.
Litigating Illinois Human Rights Act cases in federal court By Ferne P. Wolf April 2010 The U.S. District Court for the Southern District of Illinois recently decided it could hear Illinois Human Rights Act claims.
Parley—Settlement or something else? By Ambrose V. McCall October 2010 When negotiating a settlement, what terms bind the parties, and what later interpretations produce non-binding “guidelines,” or something even less forceful?
Punitive damages award proper in retaliation, defamation, and intentional infliction of emotion distress lawsuit By Megan A. Drefchinski January 2010 With regard to the defendants’ arguments that testimony adduced violated their First Amendment rights and the Noerr Pennington doctrine, which provides certain defenses to antitrust claims. 
Representing gender-variant people in claims of employment discrimination by private employers By Joanie Rae Wimmer July 2010 The law in this area is rapidly developing and in flux. And because of applicable fee-shifting statutes, representing gender variant people in employment discrimination claims is an opportunity for Illinois practitioners both to work in an exciting and developing area of the law, and, to be compensated adequately for their work.
Return-to-work evaluation is medical exam under ADA By Michael R. Lied April 2010 Employers intending to use a return-to-work examination must determine whether the EEOC's seven factors suggest that the examination is in fact a medical examination. If so, the examination must be justified as job related, and backed by business necessity.
Union indemnifies employer for pension withdrawal liability By Michael R. Lied January 2010 Pittsburgh Mack Sales & Service, Inc. v. International Union of Operating Engineers, Local Union No. 66, 580 F.3d 185 (3d Cir. 2990) involved the unusual situation in which a union agreed to partially indemnify the employer for pension contributions.