Publications

Articles on Employment Law

An appeal does not automatically stay the enforcement of the board’s order in an unfair labor practice case

December
2017
Illinois Law Update
Page 16
The appellate process in section 11 of the Illinois Public Labor Relations Act is amended to reflect that the filing of an appeal to the Appellate Court does not automatically stay the enforcement of the Board's order.

Actual knowledge of employee’s “particular unfitness” is not required to recover punitive damages for negligent employment

November
2017
Illinois Law Update
Page 20
A court may allow a claim for punitive damages in a negligent employment case if evidence reasonably supports a finding that the employer acted willfully, or with a certain level of gross negligence as to indicate a wanton disregard for the rights of others.

Divorce, Death, and Retirement Benefits

By Dorothy A. Voigt
June
2017
Article
Page 32
When retirement-plan participants die, what happens to their ex-spouses' benefits? This article looks at a variety of death-after-divorce benefit division scenarios.

Ortiz v. Werner Enterprises Streamlines Employment Discrimination Cases

By Lori L. Kuchmay
May
2017
Article
Page 34
After the seventh circuit's decision in Ortiz, attorneys no longer need to divide evidence of employment discrimination into subgroups and should look instead at the big picture.

Jimmy John’s settles suit over noncompete agreements

By Matthew Hector
February
2017
LawPulse
Page 14
While confidentiality and nonsolicitation agreements may be okay, businesses should not use noncompetes with low-wage workers.

Amendments clarify caps on gainful employment income and disability benefits for the Teachers’ Retirement System

January
2017
Illinois Law Update
Page 20
The Teachers' Retirement System (TRS) adopted amendments to "The Administration and Operation of the Teachers' Retirement System." Additions to the disability benefits and disability retirement annuity sections clarify how contributions to retirement plans affect employment income calculations.

Court halts rule raising wage threshold for exempting workers from overtime

By Matthew Hector
January
2017
LawPulse
Page 14
Just days before it was to take effect, a federal district court in Texas issued an injunction against implementing the Department of Labor's new overtime rule.

Employees enjoy easier path to revoking wage assignments by creditors, if covered by federal law

January
2017
Illinois Law Update
Page 20
The Illinois Wage Assignment Act was amended to impose additional requirements on wage assignment notice and service.

Sick leave benefits extended to absences relating to family members

November
2016
Illinois Law Update
Page 18
The Employee Sick Leave Act now allows employees to use personal sick leave benefits provided by their employer for absences relating to family members.

New act provides for child bereavement leave

October
2016
Illinois Law Update
Page 18
The Child Bereavement Leave Act provides for unpaid leave for certain employees who lose a child.

Of Hijabs and Hiring: Religious Accommodation in the Workplace after EEOC v. Abercrombie & Fitch Stores, Inc.

By Melanie I. Stewart
September
2016
Article
Page 28
In Abercrombie, the U.S. Supreme Court made it easier for job-applicant plaintiffs to survive summary judgment in Title VII failure-to-accommodate cases.

Trade unions subject to the Personnel Code secure overhaul of prevailing wage calculations

September
2016
Illinois Law Update
Page 18
The Department of Central Management Services ("DCMS") adopted amendments to section 310.210 of the pay plan for public officials and employees to reflect collective bargaining agreements signed between DCMS and 13 trade unions.

The new overtime regs: A wake-up call for lawyer employers

By Matthew Hector
August
2016
LawPulse
Page 12
Too few law firms follow best practices for paying employees who work more the 40 hours a week, an employment lawyer warns. The new federal overtime rules, effective December 1, are a fresh reason for getting it right.

Bringing an Unpaid Minimum Wage Claim in Illinois

By Brandon M. Wise
July
2016
Article
Page 36
Unpaid minimum wage claims can be rewarding - and confusing. Find out how to evaluate an unpaid minimum wage case and whether to bring it in federal or state court.

Employers with fewer than four employees now subjected to Equal Pay Act; maximum civil penalties for violations increased

January
2016
Illinois Law Update
Page 18
The Equal Pay Act of 2003 has been amended to apply to all employers, not just those with four or more employees.

The Equal Pay Act protects more employees

November
2015
Article
Page 25
Starting January 1, the Illinois Equal Pay Act will cover more workers and impose stiffer penalties on employers who violate its provisions.

FLSA Rule Proposal Could Make Millions Eligible for Overtime Pay

By Philip T. Barrett
November
2015
Article
Page 36
A new federal minimum wage regulation proposed by the U.S. Department of Labor significantly expands the number of employees who must be paid time and a half for overtime.

Whither domestic partner benefits in the wake of marriage equality?

By Matthew Hector
August
2015
LawPulse
Page 10
Now that all couples can marry, will companies continue to offer benefits to same-sex partners?

The Limits on Disciplining Public Employee Speech

By Joshua D. Herman
April
2015
Article
Page 24
Disciplining public-sector employees for speech that is insubordinate, inappropriate, or simply unwanted gives rise to complex legal issues. Here's a framework for analyzing them.

Employee classifications and complaint procedures

November
2014
Illinois Law Update
Page 524
The Department of Labor, in accordance with legislative amendments to the Employee Classification Act, revised the regulations governing Employee Classifications to expand the definition of an "individual performing services."

Federal minimum wage and overtime protection extended to home care workers

By Matthew Hector
November
2014
LawPulse
Page 518
Soon, in-home care workers will be protected by the FLSA. But will the law's exemptions and exceptions swallow the rule?

Stronger workplace rights for pregnant women and new moms

By Matthew Hector
November
2014
LawPulse
Page 518
A new Illinois law, one of the most protective nationwide, requires employers to provide a range of reasonable accommodations to pregnant woman and new mothers.

New requirements for employers using payroll cards

October
2014
Illinois Law Update
Page 472
Employers may not condition employment or employment benefits on an employee's decision to receive wages on a payroll card.

New Illinois law limits criminal history checks on job applicants

By Matthew Hector
September
2014
LawPulse
Page 418
Beginning in January, employers won't be allowed to require prospective employees to disclose their criminal history on a job application.

POAs in paradise, severance agreements and unemployment compensation

September
2014
Column
Page 449
Is an Illinois POA for property valid in Florida? That and more gleaned from ISBA discussion groups.

The Benefits of Settling Workers’ Compensation and Employment Claims Together

By Mark Wilkinson and Susan Garver
July
2014
Article
Page 340
Settling workers' compensation and employment-related claims together can benefit both employers and workers, but it takes careful planning to make it work.

Employer has no duty to bargain on recent pension changes

July
2014
Illinois Law Update
Page 320
Under the recently amended Illinois Public Labor Relations Act, employers have no affirmative duty to bargain with employees for matters regarding changes, impact of changes, and implementation of changes made to Articles 14, 15, and 16 of the Illinois Pension Code.

Unionized college football - is a Wildcat strike on the way?

By Janan Hanna
June
2014
LawPulse
Page 266
What might the NLRB ruling in favor of Northwestern football players seeking to unionize mean for the players - and for collegiate sports? Lawyers for labor and management opine.

The Tipping Point: The End of Automatic Gratuities?

By Brian Roth
May
2014
Article
Page 230
Many restaurants impose a set gratuity on large groups to make sure servers get their fair share. But a new IRS ruling classifies automatic gratuities as service charges, not tips.

Helping Employers Avoid Harassment and Retaliation Claims

By Daniel Myerson
April
2014
Article
Page 188
A clear chain of command and well-drafted anti-harassment policies can help employers ward off retaliation and hostile work environment claims.

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