Subject Index Employment Law

Assembly restricts federal government employment verification systems. PA 095-0138

December
2007
Illinois Law Update
, Page 632
Section 12 has been added to the Right to Privacy in the Workplace Act, prohibiting employers from using employment verification systems, including the Basic Pilot program. 820 ILCS 55/12. 

Disciplining Attorneys and Other FLSA-Exempt Employees for Attendance Problems

By Jon D. McLaughlin
November
2007
Article
, Page 600
Suppose your associate or paralegal shows up late for work. Can you dock her pay without transforming her fram an exempt to a nonexempt employee under the Fair Labor Standards Act?

Guidelines passed for distinguishing employees and independent contractors. PA 095-0026

October
2007
Illinois Law Update
, Page 516
The Illinois General Assembly has passed the Employee Classification Act in an attempt to prevent the improper identification of employees as independent contractors.

Sexual Harassment: No More “Welcomeness” Defense Against Minors

By Eugene H. Hollander
September
2007
Article
, Page 486
A recent case eliminates the defense that an underage sexual-harassment plaintiff welcomed the sexual contact.

Whistleblower Act does not preempt common law action for retaliatory discharge

September
2007
Illinois Law Update
, Page 460
On July 3, 2007, the Illinois Appellate Court, First District, reversed the order of the Circuit Court of Cook County dismissing Melissa Callahan's complaint for common law retaliatory discharge.

Employers win pay-disparity case in Supreme Court

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
In Ledbetter, the Supreme Court rules that Title VII's filing deadline bars employment discrimination claims based on decisions that occurred outside the limitations period, even if the employee's current pay is lower because of the decisions.

Local public entity immune from retaliatory discharge claim

August
2007
Illinois Law Update
, Page 404
On June 6, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Lake County dismissing Gregory Smith's retaliatory discharge complaint against the Waukegan Park District. 

Melena and Mandatory Arbitration Agreements in Employment Contracts

By Andrew Harris
August
2007
Article
, Page 418
A look at the Illinois Supreme Court's arbitration-friendly decision in Melena, complete with pointers for drafting or challenging arbitration clauses in its wake.

A Primer on Qualified Pension and Profit-Sharing Plans

By Stephen M. Margolin & Harvey S. Shifrin
July
2007
Article
, Page 376
Pension and profit-sharing plans are more valuable than ever. Here's an overview for business advisors.

Arbitration panel exceeded its authority by ignoring plain language of contract

June
2007
Illinois Law Update
, Page 292
On March 29, 2007, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County confirming an arbitration award in favor of the plaintiffs on the plaintiffs' claim that defendants had improperly terminated their management agreement for several apartment complexes. 

Day laborers protected under Minimum Wage Law -PA 094-1102

May
2007
Illinois Law Update
, Page 236
The Illinois General Assembly (Assembly) has amended the Minimum Wage Law in order to protect the interests of day laborers and other short term employees. 

Liquidated Damages: The Forgotten Remedy in Noncompete Disputes

By Kenneth J. Vanko
May
2007
Article
, Page 254
Damages are often difficult to prove in unfair competition cases. Liquidated damages clauses can provide an effective - and efficient - remedy.

Litigating Noncompetition Agreements: The Employee’s Perspective

By Patrick M. Kinnally
May
2007
Article
, Page 250
Your client's former employer goes to court seeking a TRO to enforce a noncompete agreement against him. What do you do?

A new, stricter test for independent contractor status?

By Helen W. Gunnarsson
May
2007
LawPulse
, Page 230
Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?

New incentives to promote jobs in the film and bioscience industries

March
2007
Illinois Law Update
, Page 124
56 Ill Adm Code 2650 has been amended by the Department of Commerce and Economic Opportunity (Department). 

The Search for Illegal Workers: When Homeland Security Comes Knocking

By Minnie Fu & Neil H. Dishman
March
2007
Article
, Page 132
DHS is stepping up enforcement against companies suspected of employing unauthorized workers. Here's how to survive a DHS investigation.

State Law Tort Claims - A New Weapon in Employment Discrimination Cases?

By Eugene K. Hollander
March
2007
Article
, Page 146
A recent seventh circuit case bucked convention and allowed a state tort claim in an employment discrimination action.

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 & 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.

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