Illinois Bar Journal


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Articles on Employment Law

“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.
Employment opportunities provided for Illinois youths. PA 096-1225 February 2011 Illinois Law Update, Page 72 Illinois lawmakers passed the Community Youth Employment Act in order to provide summer job opportunities for Illinois youths.  
Personal jurisdiction found over out-of-state corporation in retaliatory discharge case January 2011 Illinois Law Update, Page 16 On November 5, 2010, the Appellate Court of Illinois, Fourth District, reversed and remanded a decision of the Circuit Court of Champaign County, finding personal jurisdiction over a California corporation in a retaliatory discharge case.
(Asset) Buyer Beware By Sherwin D. Abrams December 2010 Column, Page 644 Warning to buyers of going businesses: you may be buying some of your sellers' liabilities.
Employer v. Employee: When Is it Forbidden Retaliation Under Title VII? By Nicholas P. Cholis December 2010 Article, Page 636 Does an Illinois employer violate Title VII's anti-retaliation provision by suing a worker who has filed a discrimination claim? Here's a look at this complex question.
Dramshop Act does not block respondeat superior claim for employee drunk driving November 2010 Illinois Law Update, Page 564 On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.
Employee Credit Privacy Act bars inquiry about employee credit history. PA 096-1426 November 2010 Illinois Law Update, Page 564 The Illinois General Assembly has enacted the Employee Credit Privacy Act to prohibit employers from inquiring about the credit history of an applicant or employee.
Greater protection for Illinois employees; new penalties when employers fail to pay. PA 096-1407 October 2010 Illinois Law Update, Page 508 Illinois lawmakers have put into place greater security measures for Illinois employees who are not receiving their wages.
Third-party clients of licensed day and temporary labor service agencies face stiffer penalties for failure to meet their agreements. PA 096-1185 October 2010 Illinois Law Update, Page 508 A third-party client is now legally responsible to pay wages and payroll taxes to licensed day and temporary labor service agencies for the services performed according to the terms in the respective invoices and agreements. (820 ILCS 175/30).