Publications

Articles on Employment Law

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). 

The Outside Sales Exemption: Does It Really Apply to Your Client?

By Samuel G. Wieczorek
August
2010
Article
Page 426
This article explores recent case law and gives tips to Illinois practitioners to ensure compliance by their business clients, including those in the pharmaceutical industry.

Employment Termination When a Church is the Employer

By Hon. William J. Borah
July
2010
Article
Page 370
Courts are reluctant to interfere, but they will step in when they can decide based on neutral principles.

Labor and Employment Lawyers and the New Rules

By Michael R. Lied
July
2010
Column
Page 376
New rules affect lawyers who represent organizations and clients who appear before agencies.

EEOC complaints: sender’s fax confirmation “strong evidence” of receipt

By Helen W. Gunnarsson
February
2010
LawPulse
Page 66
The seventh circuit holds that the fax confirmation generated by the sender's machine is strong evidence the EEOC actually received a complaint at a given time and date.

UPL: Nonlawyers may represent employers before the IDES, appellate court holds

By Helen W. Gunnarsson
February
2010
LawPulse
Page 66
The Illinois Appellate Court held that nonlawyers who represent employers before the Illinois Department of Employment security in unemployment benefits hearings aren't engaging in the unauthorized practice of law.

Court: Prevailing Wage Act does not apply to the TIF-financed pricate contractor

By Helen W. Gunnarsson
January
2010
LawPulse
Page 10
Supporters of the fourth-district decision say it, along with new legislation, will encourage private development and spur growth.

GINA prevents discrimination based on genetic information

By Helen W. Gunnarsson
September
2009
LawPulse
Page 438

Strict Liability for Sexual Harassment by Supervisors

By Cynthia H. Hyndman, Robert Margolis, and Aleeza Strubel
September
2009
Article
Page 454
The Illinois Supreme Court's Sangamon County Sheriff's Department decision subjects employers to strict liability for sexual harassment by their supervisors. So, who is a supervisor?

Act extends ability of terminated employees to continue medical insurance coverage. PA 096-0013

August
2009
Illinois Law Update
Page 392
The Illinois General Assembly has amended the Illinois Insurance Code (Code) and the Health Maintenance Organization Act to provide for circumstances in which employees who are terminated or whose hours fall below the minimum hours necessary for coverage may continue to be covered under a group policy or group HMO coverage plan. 

Personnel rules for public officials and employees updated

July
2009
Illinois Law Update
Page 336
The Department of Central Management Services has updated the personnel rules, pay plans, and position classifications for public officials and employees.

Claimants Beware: Strict Deadlines Limit Federal Employment Discrimination Suits

By Kevin Bennardo
June
2009
Article
Page 304
This article reviews the applicable laws - including the Ledbetter Act - and Illinois-based cases.

Sexual harassment and the chain of command

By Helen W. Gunnarsson
June
2009
LawPulse
Page 278
Under state law, employers are liable for sexual harassment by supervisors whether or not the employer knew about it and even though the employee-victim doesn't work under the supervisor.

“Rape Shield” for Civil Lawsuits

By Helen W. Gunnarsson
May
2009
LawPulse
Page 220
An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.

Drafting Enforceable Noncompetition Agreements in Illinois

By Peter A. Steinmeyer
April
2009
Article
Page 194
Learn how to increase the odds that your employer-client’s noncompete will pass judicial muster in Illinois’ unfriendly legal environment.

Human Rights Act doesn’t bar state, federal claims in circuit court

By Helen W. Gunnarsson
April
2009
LawPulse
Page 168
Someone who can bring a claim under the Illinois Human Rights Act can nonetheless sue based on federal or common law in state circuit court, the supreme court rules.

Act protects rights of detainees to access religious workers. PA 095-1022

March
2009
Illinois Law Update
Page 122
Illinois lawmakers created the Access to Religious Ministry Act of 2008 to ensure that religious workers have reasonable access to immigration-related detainees held in county jails in the state of Illinois. 730 ILCS 125/26.  

Pleading Civil Rights Claims

By Professor Jeffrey A. Parness
March
2009
Column
Page 156
The challenges civil-rights claimants face in choosing a forum, shaping their pleadings, and more.

The Illinois Whistleblower Act’s Impact on Common Law Claims

By Sang-yul Lee, Steven J. Pearlman, and Jonathan J.C. Grey
February
2009
Article
Page 90
Does the Illinois Whistleblower Act preempt the common law? How can employers avoid retaliation claims? The authors offer answers.

Last Term’s United States Supreme Court Labor and Employment Decisions

By Michael Robert Lied and Joseph F. Tansino
December
2008
Article
Page 626
A survey of the United States Supreme Court's labor and employment rulings from the 2007-08 term.

Personnel rules for public officials and employees revised

December
2008
Illinois Law Update
Page 612
The Illinois Office of the Secretary of State made several changes to Title 80, Subtitle B, Chapter II, Part 420, Personnel Rules, Pay Plans, and Position Classifications. 80 Ill Adm Code 420. 

Retalitory discharge: local governments not immune under Workers’ Comp Act

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
 Public employees can sue for being fired in retaliation for filing a workers' comp claim, the Illinois Supreme Court holds.

Fraudulent Misrepresentation in Illinois Employment Cases

By Richard J. Gonzalez
September
2008
Article
Page 464
More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.

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