Illinois Bar Journal

Articles on Labor Law

Illinois Labor Relations Board establishes procedures for remote hearings

May
2021
Illinois Law Update
, Page 16
The Illinois Labor Relations Board adopted amendments to its general procedures allowing for remote hearings through video conferencing technology.

Service of documents via email permitted for Illinois Educational Labor Relations Board proceedings

May
2021
Illinois Law Update
, Page 16
The Illinois Educational Labor Relations Board adopted an amendment to its general procedures in an effort to accommodate changes in the board’s activities due to the COVID-19 pandemic. Since some educational offices and educational employee representative offices are still closed, the amendment implements a procedure for electronic service of documents that is in the best interests of the board and the parties appearing before it.

Illinois Labor Relations Board adds email filing to procedurally-sound service options

February
2021
Illinois Law Update
, Page 14
The Illinois Labor Relations Board adopted an amendment to authorize email service of unfair labor-practice charges by the charging party upon the respondent, with the respondent’s consent.

Work-related injuries require no additional evidence to qualify for workers’ compensation

December
2020
Illinois Law Update
, Page 16
On Sept. 24, 2020, the Illinois Supreme Court held that workers’ compensation claims require no additional evidence when the injury arises out of an employment-related risk, even when the injury stems from common bodily movements.

Workers’ Comp, Negligence, and COVID-19

By Hon. Russell W. Hartigan (ret.) & Sarah Norkus
December
2020
Article
, Page 28
Can one recover damages under the Illinois Workers’ Compensation Act for contracting COVID-19?

Illinois’ Progressive Prevailing Wage Act

By Kara M. Principe
June
2020
Article
, Page 24
Amendments to the Illinois Prevailing Wage Act in 2019 make the state’s wage laws among the most progressive in the nation.

SCOTUS Term Adds to Illinois Employers’ To-Do List

November
2019
Article
, Page 18
On Oct. 7, the U.S. Supreme Court kicked off its new term with several employment cases, including cases on appeal from the Seventh Circuit Court of Appeals in Chicago. Illinois employers should keep tabs on these cases and anticipate how the Court’s rulings will add to a bevy of new compliance obligations going into effect in 2019 and 2020.

Illinois bans local right-to-work laws

July
2019
Illinois Law Update
, Page 16
Under a new Illinois law, local governments will no longer be able to pass right-to-work ordinances. Gov. Pritzker signed into law the Collective Bargaining Freedom Act, which became effective April 12, 2019.

Illinois minimum wage gradually increased to $15 per hour

May
2019
Illinois Law Update
, Page 14
This Act may be referred to as the Lifting Up Illinois Working Families Act. The Minimum Wage Law is amended by changing sections 4, 7, 10, 11, and 12 to provide for emergency rulemaking, establish penalties for employers who fail to comply with this Act, empower the director to perform random audits of employers in any industry subject to this Act to determine compliance with this Act, and enact other similar amendments.

If the Illinois Labor Relations Board determines a union breached its duty of fair representation, an employee may be permitted to appeal an arbitration decision

July
2018
Illinois Law Update
, Page 16
There is an exception to the general rule that an individual employee may not bring suit to appeal an arbitration decision under a collective bargaining agreement if the union breaches its duty of fair representation.

Parties in Labor Relations hearings must share stenographer costs

October
2015
Illinois Law Update
, Page 18
The Board recently adopted an emergency amendment to Section 1200.50 Recording of Hearings that requires parties to equally share all costs charged to the Board by a stenographer. 80 Ill. Adm. Code 1200 (eff. July 15, 2015).

Illinois Minimum Wage law adds exemption for unions that agree to an alternate shift schedule

September
2015
Illinois Law Update
, Page 18
The Illinois Minimum Wage Law's overtime compensation provision has been amended to add an additional exemption to the standard 1 1/2 times pay for work done past 40 hours per week.

Employee classifications and complaint procedures

November
2014
Illinois Law Update
, Page 524
The Department of Labor, in accordance with legislative amendments to the Employee Classification Act, revised the regulations governing Employee Classifications to expand the definition of an "individual performing services."

Employer has no duty to bargain on recent pension changes

July
2014
Illinois Law Update
, Page 320
Under the recently amended Illinois Public Labor Relations Act, employers have no affirmative duty to bargain with employees for matters regarding changes, impact of changes, and implementation of changes made to Articles 14, 15, and 16 of the Illinois Pension Code.

Escrow of fair-share dues is required pending resolution of a union nonassociation claim by a public employee

July
2014
Illinois Law Update
, Page 320
On May 6, 2014, the Fourth District Appellate Court held that safeguarding a public employee's right of nonassociation with a union under § 6(g) of the Illinois Public Labor Relations Act (the "Act") requires the escrow of fair-share dues pending resolution of the employee's claim.

General procedures and collective bargaining under the Education Labor Relations Board

July
2014
Illinois Law Update
, Page 320
The Illinois Education Labor Relations Board (the "Board") passed amendments relating to its "General Procedures" (80 Ill. Adm. Code 1100), "Collective Bargaining and Impasse Resolution" (80 Ill. Adm. Code 1130), the "University of Illinois Bargaining Units" (80 Ill. Adm. Code 1135), and "Representation Procedures" (Ill. Adm. Code 1110).

Unionized college football - is a Wildcat strike on the way?

By Janan Hanna
June
2014
LawPulse
, Page 266
What might the NLRB ruling in favor of Northwestern football players seeking to unionize mean for the players - and for collegiate sports? Lawyers for labor and management opine.

Changes to the general procedures of the Labor Relations Board

March
2014
Illinois Law Update
, Page 120
Amendments to the general procedures of the Labor Relations Board update the physical address of the Springfield office and provide the Board's website address as www.state.il.us/ilrb. 80 Ill. Adm. Code 31200 (eff. Dec. 13, 2013).

Caveat Emptor: Company B assumes fair-labor liability when it buys Company A

By Adam W. Lasker
August
2013
LawPulse
, Page 386
The federal successor-liability doctrine makes a buyer company responsible for the seller's Fair Labor Standards Act liability even if state law would hold otherwise, the seventh circuit rules.

Workers’ Comp and Temporary or ‘Borrowed’ Workers

By James P. Looby
August
2013
Article
, Page 426
With more employers turning to staffing agencies, determining who the real employer is and isn't - and thus whom the worker might be able to sue in civil court - is trickier than ever.

Amendments to Carnival and Amusement Rides Safety Act regulate “zip lines”

July
2013
Illinois Law Update
, Page 336
The Illinois Department of Labor (the "Department") recently adopted amendments to regulations governing safety standards and guidelines for zip lines operating in the State of Illinois. 56 Ill. Adm. Code 6000.

Presumption of vesting of health benefits under collective bargaining agreement

July
2013
Illinois Law Update
, Page 336
On May 2, 2013, the Illinois Appellate Court, Third District, held that a city's decision to reduce retired employees' health benefits promised under a collective bargaining agreement should be analyzed as a matter of contract, subject to a presumption in favor of the vesting of these benefits.

Answering an IDHR Discrimination Claim

By Ron Wisniewski
March
2013
Column
, Page 154
What to do if a worker files an employment discrimination claim against your client.

New specifications for plumbers’ license cards. PA 097-1137

March
2013
Illinois Law Update
, Page 124
Illinois lawmakers have amended the Illinois Plumbing License Law (225 ILCS 320/11, 16) to provide new requirements for plumbers' license cards.

The Tougher, Broader Illinois Prevailing Wage Act

By Kara M. Pomerantz Principe
January
2013
Article
, Page 42
Counsel to contractors, governmental bodies, and workers take note: recent changes to the Illinois Prevailing Wage Act and the law interpreting it have broadened its reach and toughened requirements and penalties. Find out what it means for your clients.

No rehiring rights for laid-off Chicago teachers

By Adam W. Lasker
April
2012
LawPulse
, Page 178
Unlike teachers outside Chicago, tenured Chicago public school teachers have no right to be rehired after they are laid off for economic reasons, the Illinois Supreme Court rules.

Collective bargaining agreement law amended. PA 096-0598

February
2011
Illinois Law Update
, Page 72
The Illinois Public Labor Relations Act has been amended for initial collective bargaining agreements entered into following the original certification of units with fewer than 35 public employees. 5 ILCS 315/7.  

(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.
1 comment (Most recent December 22, 2010)

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.

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.

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