Publications

Articles on Employment Law

The Supreme Court Widens the Opening for Title VII Retaliation Claims

By Adam C. Wit
January
2007
Article
Page 36
In Burlington Northern, the Court resolved in favor of employees a lower-court dispute about what constitutes forbidden retaliation.

New rules for work-at-home solicitations - PA094-0999

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 

No breach of fiduciary duty in planning a new, competing business

December
2006
Illinois Law Update
Page 650
On September 27, 2006, the Illinois Appellate Court, First District, upheld the Circuit Court of Cook County's findings that the appellees, Hallman and McQueen, did not violate their fiduciary duties as former employees of Cooper Linse Hallman Capitol Management, Inc (Cooper).

Employers’ Tort Liability for Employees’ Injuries: A Primer

By Jennifer E. Simms
November
2006
Article
Page 602
An overview of the interplay between the workers' comp and contribution statutes and the cases interpreting them.

Harsher new penalties under the Minimum Wage Act - PA 094-1025

November
2006
Illinois Law Update
Page 584
The Illinois General Assembly has amended section 12 of the Minimum Wage Act (Act) to create more severe penalties for employers who fail to meet the requirements of the Act. 820 ILCS 105/12. 

Employers not responsible for employee fatigue

October
2006
Illinois Law Update
Page 526
On July 14, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of La Salle County, dismissing plaintiff Behrens' complaint against Harrah's for failure to state a claim. 

Employees granted leave time to donate blood

September
2006
Illinois Law Update
Page 464
The Illinois Department of Public Health has added new sections to part 985 of title 77, 77 Ill Adm Code 985. 

Employer sues ex-employee under computer fraud law for deleting data - and wins

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
A company used civil provisions of the Computer Fraud and Abuse Act against a departing employee who irrevocably deleted business information from his laptop.

Employee Stock Forfeiture Provisions : A Different Breed of Restrictive Covenant

By James V. Garvey and Frederic T. Knape
July
2006
Article
Page 376
The authors argue that forfeiture provisions should not be subjected to 
traditional restrictive covenant analysis.

Employers’ liability for employees’ loose tongues

By Helen W. Gunnarsson
July
2006
LawPulse
Page 338
The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 

Illinois skills match program posts job vacancies online : PA 094-0786

July
2006
Illinois Law Update
Page 334
In order to make securing employment easier for its citizens, the Department of Employment Security Law of the Civil Administrative Code of Illinois has added the Illinois Skills Match Program under section 1005-47 of 20 ILCS 1005.

The Impact of an Employer’s Bankruptcy on Employees

By Travis J. Ketterman
June
2006
Article
Page 304
This article looks at how workers can protect their rights when their employer enters bankruptcy.

Mandatory arbitration agreements are binding on employees

June
2006
Illinois Law Update
Page 284
On March 23, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, which held that mandatory arbitration agreements between employers and employees are only valid if entered into "knowingly and voluntarily" by the employee.

Separate but equal grooming standards okayed

By Helen W. Gunnarsson
June
2006
LawPulse
Page 278
Requiring female but not male bartenders to wear makeup does not violate Title VII, the ninth circuit rules. 

What’s crude talk among Friends?

By Helen W. Gunnarsson
June
2006
LawPulse
Page 278
Sexually charged talk in the workplace doesn't always equal sexual harassment, the California Supreme Court says. 

Handling Employees’ Requests for Personal Attorneys During Internal Investigations

By Paul E. Starkman
May
2006
Article
Page 250
Most employers resist employees' efforts to "lawyer up" in response to a company investigation. Maybe they shouldn't.

How Illinois’ New Gay Rights Law Affects Employers and Workers

By Bryan P. Cavanaugh
April
2006
Article
Page 182
"Sexual orientation" is now a protected status in the Illinois workplace. Here's what that means for your clients.

Must employers try to stop employees’ “unauthorized activity”?

By Helen W. Gunnarsson
April
2006
LawPulse
Page 166
Yes, a New Jersey court says, at least if the activity is accessing child porn on company computers and the employer is on notice about it. 

State agencies must post rules regarding ADA grievance procedures

April
2006
Illinois Law Update
Page 174
The Illinois Department of Public Health (Department) has added new sections to Part 1700 of Title 4, 4 Ill Adm Code 1700. 

Can Employers Prevent Former Workers from Hiring Current Employees?

By David F. Rolewick
January
2006
Article
Page 34
For years, most Illinois courts have held that an employer can't stop departed employees from recruiting the employer's current workers. But that might be changing.

Corporate officers not personally liable for employee vacation, severance pay

By Helen W. Gunnarsson
December
2005
LawPulse
Page 614
The Illinois Supreme Court ruled that officers and directors aren't liable under the Illinois Wage Payment and Collection Act for employees' unpaid vacation time and severance pay.

Tax Issues in Employment Discrimination Settlements

By Ralph A. Morris and Heather R.M. Becker
December
2005
Article
Page 638
Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.

TaxNet: Online tax filing for employers

By Helen W. Gunnarsson
November
2005
LawPulse
Page 558
Now Illinois employers can pay state taxes and file documents online.

Wages and sin

By Helen W. Gunnarsson
June
2005
LawPulse
Page 274
Can an employee who considers homosexuality a sin openly oppose his employer's workplace diversity effort? What are the limits of religious practice and expression in the workplace?

Allowing Disparate Impact Claims Under the ADEA

By Lori D. Ecker and Joseph M. Gagliardo
April
2005
Article
Page 198
Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?

Subcontractors beware

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
Many businesses struggle with how to classify the people who work for them – are they employees or independent contractors? This case won't make it easier.

Raising an Affirmative Defense to Constructive-Discharge in Hostile-Work-Environment Cases

By Athena Papachronis Herman
February
2005
Article
Page 84
The Supreme Court recently established when an employer can assert an affirmative defense to a claim of supervisor–created hostile work environment that leads to constructive discharge.

Volunteer firefighters shielded from wrongful termination of employment and offered civil relief for employer violations PA 093-1027

January
2005
Illinois Law Update
Page 14
The Volunteer Firefighter Job Protection Act, which applies to municipalities with populations of 3,500 or less, stipulates when volunteer firefighters may not be discharged from their employment, as well as the appropriateness of civil actions in response to wrongful termination. 

When Johnny and Jenny come marching home

By Helen W. Gunnarsson
January
2005
LawPulse
Page 8
Their jobs had better be awaitin' and the accompanying job rights preserved, or their employers may be guilty of violating federal law.

When Are Supervisors Personally Liable for Employment Law Violations?

By Jane M. McFetridge and Grace Hwang Lee
December
2004
Article
Page 628
Can employees recover from a misbehaving supervisor in addition to the company? Sometimes yes, sometimes no.

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