The newsletter of the ISBA’s Section on Labor & Employment Law
Browse articles by year: 2013 (30)
Newsletter articles from 2013
DC Circuit strikes down NLRB notice rule
The United States Court of Appeals for the District of Columbia Circuit has struck down the NLRB’s rule requiring all employers covered by the National Labor Relations Act to post a notice informing employees of their rights under the Act.
Employee lacks ADA claim because of absenteeism
Because there was no evidence permitting a conclusion that the plaintiff was a qualified individual for ADA purposes, the district court correctly entered summary judgment for the defendant on her ADA claim.
Federal successor liability under ERISA and the MPPAA
This article will explore the history of ERISA and the MPPAA, how successor liability has evolved under federal law and what needs to be proven in order to hold a successor company liable for withdrawal liability.
New rules enforcing Illinois non-competes—Now easier or harder?
In a recent trifecta of Illinois Appellate Court cases, judges have altered the landscape in Illinois regarding the lengths to which employers can go to protect their customers, clients, patients, and marketplace from competition originating from former employees
Otto May, Jr. v. Chrysler Group LLC: Anatomy of the largest employment discrimination verdict in Illinois history
Regardless of how and when this lawsuit finally resolves, it remains that the Clerk of the U.S. District Court for the Northern District of Illinois has anecdotally informed the district judge and the parties that the verdict entered by the jury of eight people in the courtroom in Rockford, Illinois, on September 2, 2009, stands as the largest award in a single-plaintiff employment discrimination case in any district court in Illinois.
A recent PSEBA decision: Lifetime benefits they are not!
The Fifth District Appellate Court recently held in Pyle v. City of Granite City that a firefighter was not entitled to the so-called “lifetime” health insurance benefits from his employer, the City of Granite City.
Social media and employer liability under the NLRA
Over the past year, the National Labor Relations Board has provided some degree of guidance on application of the National Labor Relations Act to employer social media policies. This brief article illustrates the Board’s position, giving management and their counsel notice of the types of policies that will be found unlawful.
Some safety incentive programs may be unlawful
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.