Illinois Bar Journal


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Articles on Employment Law

New law makes it easier to investigate workplace misconduct By Helen W. Gunnarsson January 2004 LawPulse, Page 10 Employers are no longer required to get an alleged wrongdoer's consent to hire an outside firm to conduct an investigation of alleged misconduct on the job.
Employees Entitled to Take Leave Due to Domestic or Sexual Violence P.A. 93-0591 December 2003 Illinois Law Update, Page 600 An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim, may take 12 weeks per year of unpaid leave from work to address domestic or sexual violence issues, pursuant to the Victims' Economic Security and Safety Act.
Legislature Protects Whistleblowers Against Retaliation and Provides for Recovery of Damages P.A. 93-0544 November 2003 Illinois Law Update, Page 550 Employers (excluding governmental entities) are now prohibited from making, adopting or enforcing any rule, regulation or policy that prevents an employee from disclosing information to a government or law enforcement agency if that employee reasonably believes the information discloses a violation of a state or federal law.
Overtime Overview: A Look at the Proposed Overtime Rules By Joseph E. Gumina and Michael J. Pulcanio October 2003 Article, Page 521 A thumbnail sketch of the Department of Labor proposal, with a look at how the proposed regulations might affect lawyer-employers.
Small firms, big cases By Helen W. Gunnarsson October 2003 LawPulse, Page 486 How three lawyers from small-practice settings and different parts of Illinois teamed up to bring a high-stakes whistleblower lawsuit.
State Lawsuit Immunity Act opens Illinois to lawsuits from state employees By Helen W. Gunnarsson October 2003 LawPulse, Page 486 The new law, which allows state employees to bring race, age, and other discrimination suits, has claimants' lawyers cheering.
Coming Home: Soldiers’ and Sailors’ Job Reinstatement Rights By Joanna G. DuPriest August 2003 Article, Page 407 A guide to state and federal job-reinstatement laws.
Hospital Employment of Physicians After Berlin and Carter-Shields By Saul J. Morse and Robert John Kane August 2003 Article, Page 402 Recent developments in Illinois law governing employment of physicians by hospitals and hospital affiliates.
Workin’ overtime By Helen W. Gunnarsson August 2003 LawPulse, Page 374 Proposed federal regs would redefine exemptions from overtime laws, particularly for managerial employees.
Bankrupt employees; no firing after filing? By Helen W. Gunnarsson July 2003 LawPulse, Page 326 Employers may not "discriminat[e] or retaliat[e] against" employees who have filed for bankruptcy. But what does that mean?
Retaliatory discharge protection extends to employees testifying in other employees’ workers’ compensation actions; scope of employment approach proper test for hearsay June 2003 Illinois Law Update, Page 280 On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Tandem state-federal claim produces big results in employment case By Helen W. Gunnarsson April 2003 LawPulse, Page 162 An ISBA member combined a state common law intentional infliction of emotional distress claim with an FMLA claim to win a huge federal trial court judgment for his client.
Unfinished Business: The U.S. Supreme Court’s Recent Labor-and-Employment Cases By Douglas A. Darch April 2003 Article, Page 188 A review of the U.S. Supreme Court's remarkably large output of labor-and-employment cases in 2002.
What HIPAA’s Privacy Regs Mean for Employers and Group Health Plans By Aaron W. Brooks April 2003 Article, Page 192 Guidance for lawyers and their employer clients.
Public-employee pension pitfall By Helen W. Gunnarsson March 2003 LawPulse, Page 110 Teachers, police officers, and other government workers charged with crimes related to their official duties have one thing in common ; they all face the loss of their pensions, a fact their lawyers should keep in mind.
The devil in the details of domestic-partner benefits By Helen W. Gunnarsson November 2002 LawPulse, Page 578 More employers are offering benefits to their employees' nonspouse partners. Here are some of the legal and administrative issues they need to consider.
A Guide to EEOC Mediations By Mary B. Manzo November 2002 Article, Page 607 Pointers about the EEOC program from the Chicago office's ADR coordinator.
Fee tax turns employment-lawsuit winner into loser By Helen W. Gunnarsson October 2002 LawPulse, Page 506 Taxing attorney fee awards as income to the plaintiff threatens to reduce an employee's award to less than zero.
Defendant’s failure to assign plaintiff tasks that were given to more experienced employees did not constitute a materially adverse employment action under Title VII September 2002 Illinois Law Update, Page 454 On July 12, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the grant of summary judgment to the Illinois Department of Transportation (IDOT) in a suit brought by an employee under Title VII.
Employers need not hire workers for jobs that threaten health By Helen W. Gunnarsson August 2002 LawPulse, Page 392 The ADA does not require employers to hire employees for jobs that would pose a "direct threat" to the candidates health, the Supreme Court ruled.
New 7CA limits on arbitration agreements By Helen W. Gunnarsson June 2002 LawPulse, Page 282 Employer-employee arbitration agreements that require each party to pay its own attorney fees in civil rights and sexual harassment cases are unenforceable, the seventh circuit rules.
The ABCs of the ADA By Helen W. Gunnarsson May 2002 LawPulse, Page 226 Every lawyer should know something about this far-reaching statute.
Nursing Mothers in the Workplace Act P.A. 92-0068 May 2002 Illinois Law Update, Page 232 Gov. Ryan recently approved legislation creating the Nursing Mothers in the Workplace Act.
Tax Consequences of Settlement in Employment Litigation By Nile J. Williamson May 2002 Article, Page 263 Lawyers should allocate settlement proceeds so their clients can avoid tax—but sometimes it's easier said than done.
Preventive Legal Care for Workplace Violence By Helen W. Gunnarsson February 2002 LawPulse, Page 62 Counsel your employer-clients to address workplace violence before it happens.
Are Plant-Shutdown Pension Benefits Protected? By Michael F. Tomasek January 2002 Article, Page 43 Federal courts are split on the issue.
Employee’s Hepatitis B did not substantially limit a major life activity under the Americans with Disabilities Act January 2002 Illinois Law Update, Page 14 On October 22, 2001, the seventh circuit court of appeals affirmed the grant of summary judgment for a former employer, holding that "liver function" was not a major life activity under the Americans with Disabilities Act, 42 USC § 12101 et seq.
In dismissing action, court converted employer’s motion to dismiss into a motion for summary judgment, and thus was required to permit parties to engage in discovery January 2002 Illinois Law Update, Page 14 On October 22, 2001, the seventh circuit court of appeals reversed the district court's dismissal of plaintiff Covington's ADA claim.
Responding to employees’ security fears By Helen W. Gunnarsson January 2002 LawPulse, Page 10 Post-September 11, it's more important than ever to respond appropriately to employee worries about safety in the workplace. But that doesn't mean acceding to unreasonable demands, a Chicago lawyer says.