Publications

Articles on Employment Law

Medical Marijuana Comes to Illinois

By Ed Finkel
April
2014
Article
Page 172
What will the Medical Cannabis Act mean for patients? For employers? Others? Prepare to advise clients about what some are calling the most restrictive medical marijuana law in the country.

Mixed-motive claims: alive and well under the Illinois Human Rights Act?

By Nicholas Biersbach
April
2014
Article
Page 191
It isn't clear whether federal rulings limiting mixed-motive claims will influence state courts' interpretation of the Illinois Human Rights Act.

New administrative fee amounts for employers ordered to pay unpaid wages to employees

April
2014
Illinois Law Update
Page 168
The Illinois Wage Payment and Collections Act has been amended to modify calculation of the non-waivable administrative fee amount that an employer is required to pay when ordered by the Department of Labor or a court to pay unpaid wages or other compensation to an employee.

Unpaid future compensation under an employment contract is not recoverable under the Illinois Wage Payment and Collection Act

February
2014
Illinois Law Update
Page 68
On November 22, 2013, the Illinois First District Appellate Court held that unpaid future wages do not constitute "final compensation" recoverable by an employee under the Illinois Wage Payment and Collection Act (the "Act"), 820 ILCS 115/1 et seq. (West 2006).

Non-competes, medical marijuana

January
2014
Column
Page 50
New statutory and case law could affect employers' workplace policies.

Temporary employee injured in office parking lot sustained injuries in the course of and arising out of her employment

January
2014
Illinois Law Update
Page 16
On November 14, 2013, the Illinois Appellate Court for the Fourth District held that a temporary employee who is assigned a parking space in a parking lot designated for employees, and is then injured in that parking lot on her way to work, has sustained injuries that arose in the course of and out of her employment.

Workplace Social Media Policies That Work

By Angela S. McQuage
January
2014
Article
Page 32
Employers understandably want to create policies limiting employees' social media posts about company business. But the NLRA imposes some surprising limits.

The Perils of Unpaid Internships

By Christopher Keleher
December
2013
Article
Page 626
As courts grapple with whether unpaid internships violate minimum wage laws, businesses - including law firms - should review their programs.

“Professional account” exception to the Right to Privacy in the Workplace Act

December
2013
Illinois Law Update
Page 612
Under the Right to Privacy in the Workplace Act, an employer may not request an employee or prospective employee to disclose passwords or account information concerning his or her private social networking accounts.

Non-Traditional Non-Competes: Designing Non-Competition Agreements to Hold Up in Court

By Kenneth J. Vanko
November
2013
Article
Page 568
Lawyers for business seeking to restrict competition by ex-employees should consider creative options designed to stand up better to judicial scrutiny.

Employers and Concealed Carry; Mortgage Scams

October
2013
Column
Page 535
It's time for employers to start designing workplace rules to accommodate concealed carry.

Employee or Independent Contractor?

By Mark S. Mathewson
August
2013
Column
Page 429
An ISBA CLE program helps general practitioners distinguish the two.

Workers’ Comp and Temporary or ‘Borrowed’ Workers

By James P. Looby
August
2013
Article
Page 426
With more employers turning to staffing agencies, determining who the real employer is and isn't - and thus whom the worker might be able to sue in civil court - is trickier than ever.

Employers and Immigration Law: Be Careful Who You Hire - and Who You Don’t

By Douglas A. Hass
July
2013
Article
Page 360
Employers are barred from hiring people not legally authorized to work in the U.S. They're also forbidden from discriminating against noncitizens. Here's how they can avoid the squeeze.

Employers barred from requesting social media passwords. PA 097-0875

May
2013
Illinois Law Update
Page 228
Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.

Task Force receives an extension on its employment discrimination report. PA 097-1132

May
2013
Illinois Law Update
Page 228
Illinois lawmakers have extended the deadline for the Task Force on Inventorying Employment Restrictions's report to the Illinois Governor and General Assembly. 20 ILCS 5000/15.

The Tougher, Broader Illinois Prevailing Wage Act

By Kara M. Pomerantz Principe
January
2013
Article
Page 42
Counsel to contractors, governmental bodies, and workers take note: recent changes to the Illinois Prevailing Wage Act and the law interpreting it have broadened its reach and toughened requirements and penalties. Find out what it means for your clients.

Agents who permit their employer to evade final judgments are treated as employer. PA 097-0903

November
2012
Illinois Law Update
Page 580
The Equal Pay Act of 2003 has been amended to introduce section 27 (820 ILCS 112/27 new).

Noncompetition and nonsolicitation covenants ruled enforceable

October
2012
Illinois Law Update
Page 520
On July 17, 2012, the fourth district appellate court held as a matter of law that noncompetition and nonsolicitation covenants between a tax preparation service and tax preparer for two and one years, respectively, were enforceable even if the tax preparer only agreed to work for 104 days.

After Ervin: How Combined Actions Will Affect Wage and Hour Class Litigation in Illinois

By Nicholas P. Cholis
August
2012
Article
Page 430
In 2011, the seventh circuit gave employee plaintiffs a powerful weapon by holding that an FLSA collective action and a state wage and hour class action may be joined in a single action.

Employment and Labor Law Resources for Illinois Attorneys

By Tom Gaylord
July
2012
Column
Page 382
Illinois-specific resources for labor and employment lawyers.

Proposal would stop employers from seeking social network passwords

By Adam W. Lasker
May
2012
LawPulse
Page 234
Proposed legislation would forbid employers from asking for employees' and job applicants' social-media passwords, but some lawyers argue for a public-safety exception.

Enforcing Non-Compete Clauses in Illinois after Reliable Fire

By Kelly M. Greco, David J. Fish, and Shannon Barnaby
April
2012
Article
Page 196
A look at enforcing restrictive covenants in the wake of the Illinois Supreme Court's Reliable Fire ruling, complete with practice tips for lawyers on both sides of a non-compete case.

The Virtual Water Cooler: Limits on Firing Employees for Work-Related Facebook Posts

By Charles J. Muhl
March
2012
Article
Page 136
An employee complains on Facebook about her workplace. Obviously she can be fired or otherwise disciplined, right? Don't be so sure.

The “Cat’s Paw” Theory in Illinois after Staub

By Alexandra Lee Newman and Yelena Shagall
February
2012
Article
Page 88
In Staub, the Supreme Court expanded the "cat's paw" theory, which holds that an unbiased decisionmaker can be liable for employment discrimination. The article looks at what the decision means for Illinois practitioners.

Employment covenants not to compete: the high court lays down the law

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
Rumors of the death of the legitimate-business-interest test as a measure for determining the legitimacy of restrictive covenants were greatly exaggerated, the supreme court says.

Employers may not violate pregnant employees’ civil rights. PA 097-0596.

November
2011
Illinois Law Update
Page 556
The Illinois Human Rights Act has been amended to protect pregnant employees (775 ILCS 5/2-102).

Retaliatory-discharge claim against town not time-barred by Tort Immunity Act

October
2011
Illinois Law Update
Page 496
On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).

Tough New Amendments to the Illinois Wage Payment and Collection Act

By Howard L. Mocerf
April
2011
Article
Page 202
This article reviews recent amendments that expand the Act's coverage and increase penalties for employers who fail to comply.

Changes in Equal Pay in Employment regulations

March
2011
Illinois Law Update
Page 124
The Illinois Department of Labor recently amended the rules governing complaints under the Equal Pay in Employment regulations. 56 Ill Adm Code 320.

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