The newsletter of the ISBA’s Section on Labor & Employment Law
Browse articles by year: 2013 (30)
Newsletter articles from 2011
Case dismissed when plaintiff fails to sign settlement agreement
In this case, the parties intended to enter into a settlement agreement and did so at the conclusion of an April 25, 2009 conference. In fact, the plaintiff affirmed her understanding of the settlement terms and indicated her acceptance of those terms on the record.
Double whammy—Employers engaged in systematic wage theft best beware
Effective January 1, 2011, new amendments to the Illinois Wage Payment and Collection Act establish a two percent penalty of the unpaid wages due an employee for each month of underpaymen, and also now provides that employees need not file a claim with the Department of Labor prior to filing a private right of action.
Fitness-For-Duty exams upheld
As the recent cases of Brownfield v. City of Yakima, Washington and Wisbey v. City of Lincoln, Nebraska demonstrate, it may be easier to justify such exams in law enforcement-related occupations.
How similar is similar?
In Eaton v. Indiana Dep’t Corrections, the Seventh Circuit found that similarly situated employees must be directly comparable to the plaintiff in all material respects, including rule or policy violations.
Labor board attacks Boeing work location
The author argues that "Any notion that today’s National Labor Relations Board (NLRB or board) will give a fair shake to employers was dispelled this past April 20."
The NLRB and social media revisited
The NLRB recently accused several employers, in what has become known as the "Facebook Cases," of violating Section 8(a)(1) of the National Labor Relations Act (“Act”) by enforcing their social media policies and interfering with employees’ Section 7 right to concerted activity.
Plaintiff’s uncorroborated testimony wards off summary judgment
If based on personal knowledge or experience, uncorroborated testimony can create disputed material facts. Courts at summary judgment stage should not weigh the evidence or determine the credibility of the testimony; those tasks are for the fact finder.
Prevailing Wage Act bites contractor
The Illinois Department of Labor determined that a construction project constituted a public works project subject to the Illinois Prevailing Wage Act, and the subcontractor's employees had not been paid the prevailing wage.
Public employees and free speech
An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
A snowy day and exempt employees’ pay
Under the Fair Labor Standards Act, do exempt employees have to be paid their salary for days they are absent on account of their employer closing the business due to inclement weather? May an employer require exempt employees to use vacation days/paid-time-off for time missed as a result of the employer closing its business due to inclement weather? Apparently “yes,” according to the United States Department of Labor and applicable case law.