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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 2013

Another source for discovery: Ethical and legal issues in communication with former employees of an adverse employer By Kyle Orne October 2013 A helpful guide for discovering information from former employees.
Changes in the IRS Independent Contractor Classification Program By Lisa B. Petkun May 2013 The modified voluntary classification settlement program allows employers to voluntarily reclassify workers who were treated as independent contractors prospectively in exchange for immunity for the past.
Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas September 2013 In a pair of 5-4 decisions this past June, the Supreme Court limited the definition of supervisor and increased the standard of causation for retaliation under Title VII of the Civil Rights Act.
Court tags asset purchaser with seller’s FLSA liability By Michael R. Lied June 2013 A summary of the recent case of Teed v. Thomas & Betts Power Solutions, L.L.C.
DC Circuit strikes down NLRB notice rule By Gerard A. McInnis May 2013 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 By Michael R. Lied May 2013 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.
Employee’s misconduct results in both termination and loss of nearly $2M contingent payment By Michael R. Lied June 2013 This case is interesting because it is one of the rare state court cases that determines what actions by an employee may be “cause” for termination, relying on the Illinois Unemployment Insurance Act.
Employee’s quit not attributable to employer; No unemployment benefits By Michael R. Lied June 2013 The issue on appeal was whether the Board’s decision finding that the plaintiff voluntarily left her employment without good cause was clearly erroneous.
Employer may lawfully change schedule to limit overtime By Michael R. Lied June 2013 The issue on appeal in this case was whether the FLSA limits an employer’s freedom to change an existing workweek designation.
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied December 2013 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.
Federal successor liability under ERISA and the MPPAA By Donald S. Rothschild and Brian M. Dougherty July 2013 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.
Fifield and Enterprise Finance Group, Inc. v. Premier Dealer Services, Inc.: Two years of continuous employment necessary to enforce postemployment restrictive covenants By Ayla N. Ellison September 2013 The First District Appellate Court, in its recent decision in Fifield and Enterprise Finance Group, Inc. v. Premier Dealer Services, Inc., held that a noncompetition agreement is not valid and enforceable if an employee is fired or resigns within two years.
Hitchcock v. Angel Corps, Inc.—Pretext case By Cassie Korando and Shari R. Rhode July 2013 The Court held that based on Hitchcock’s evidence, a reasonable juror could determine that the reasons given for her termination was pre-textual.
Illinois Human Rights Commission decision summaries By Laura D. Mruk October 2013 Recent cases of interest to employment law practitioners.
Illinois Human Rights Commission decision summaries By Laura D. Mruk March 2013 Recent cases of interest to labor & employment law practitioners.
Illinois recognizes privacy rights in case involving investigation of former employee By Michael R. Lied June 2013 A look at the case of Lawlor v. North American Corporation of Illinois.
Medical marijuana comes to Illinois—What it means for Illinois employers By E. Jason Tremblay December 2013 Now that Illinois allows the use of marijuana for medicinal purposes, employers in this state should take steps now to understand the new law and to prepare for its consequences.
New rules enforcing Illinois non-competes—Now easier or harder? By Richard A. Sugar September 2013 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
NLRB Office of Advice proposed Confidentiality Rule By Gerard A. McInnis May 2013 An employer who adopts the rule outlined in this article is less likely to face a complaint from a Regional Office
OSHA clarifies regulations: Third parties may act as the employees’ “walkaround representative” during OSHA inspections By Paul G. Prendergast and James S. Shovlin August 2013 The Occupational Safety and Health Administration issued a letter of interpretation February 21, 2013 clarifying regulations regarding OSHA workplace inspections.
Otto May, Jr. v. Chrysler Group LLC: Anatomy of the largest employment discrimination verdict in Illinois history By Stephen E. Balogh August 2013 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.
Please check your guns at the door: Employer rights under the Illinois Firearm Concealed Carry Act By Richard A. Russo August 2013 The Act provides those employers not included on the list of prohibited areas with the flexibility to determine whether or not they wish to permit employees and visitors with concealed carry licenses to carry concealed firearms in the workplace.
Rarely-performed task can still be essential By Michael R. Lied May 2013 A summary of the recent case of Knutson v. Schwan’s Home Service, Inc.
A recent PSEBA decision: Lifetime benefits they are not! By Carlos S. Arévalo March 2013 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.
Retaliation under the Illinois Human Rights Act By Hon. William J. Borah December 2013 A helpful overview for those looking to build a retaliation case under this statute.
Social media and employer liability under the NLRA By Michael K. Chropowicz March 2013 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 By Michael R. Lied December 2013 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.
Supreme Court upholds arbitration agreement with class action waiver “congressional mandate” must be clear to trump By Marji Swanson October 2013 Although FAA. American Express Co. v. Italian Colors Rest was an antitrust claim, the decision is so broadly written that it could also have implications on class-action waivers in the labor and employment arena.
The Supreme Court’s Vance v. Ball State University decision—Who is a supervisor for purposes of Title VII? By Carlos S. Arévalo September 2013 On June 24, 2013, the Supreme Court issued its decision in Vance v. Ball State University, which held that an employee is a “supervisor” for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment actions against the victim.
U.S. Supreme Court requires “but for” causation standard in Title VII retaliation claims By Jon D. Hoag September 2013 The U.S. Supreme Court’s recent ruling in University of Texas Southwestern Medical Center v. Nassar, that employees must establish retaliation is the “but-for” cause and not simply a “motivating factor” of the adverse action, is a victory for employers.