Illinois Bar Journal


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Articles on Employment Law

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 Employers and insurers beware: effective November 21, a new federal statute forbids discrimination on the basis of genetic information.
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.
R U monitoring employees’ text messages? By Helen W. Gunnarsson September 2008 LawPulse, Page 438  An employee had a reasonable expectation of privacy in private e-mail he sent during work hours on his employer-issued pager, the federal ninth circuit rules.
Court upholds penalty against employer for not withholding income for child support July 2008 Illinois Law Update, Page 340 On May 1, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County ordering the ex-husband's employer, Knobias, to pay $369,000 to the employee's ex-wife as a penalty for knowingly failing to pay, within seven business days, child support from wages of the ex-husband.
Fraudulent misrepresentation tort limited to business By Helen W. Gunnarsson June 2008 LawPulse, Page 278 Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.
No discretionary immunity for retaliatory discharge of employee June 2008 Illinois Law Update, Page 284 On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.
Restrictive covenant unenforceable due to termination of employment agreement May 2008 Illinois Law Update, Page 236 On February 21, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County denying the plaintiff's request for a preliminary injunction.
Employees or Independent Contractors? A New Test for the Construction Industry By Marc R. Poulos, Melissa Binetti, and Robert G. Reiter, Jr. April 2008 Article, Page 206 A new law makes it easier to challenge classifying construction workers as independent contractors, not employees.
Trends in Seventh Circuit Sexual Harassment Decisions By William J. Borah April 2008 Article, Page 198 Title VII is not a code of behavior, according to the seventh circuit. But the court has also expanded remedies for victims of "hellish" sexual harassment.
The CFAA: New Remedies for Employee Computer Abuse By Linda K. Stevens and Jesi J. Carlson March 2008 Article, Page 144 The Computer Fraud and Abuse Act provides a path to federal court for employer-victims of computer abuse by employees and other insiders.