Publications

Articles on Labor Law

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.

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.

Illinois adopts new regulations for amusement parks and carnivals

April
2010
Illinois Law Update
Page 180
The Illinois Department of Labor (the department) recently adopted improved regulations for amusement parks and carnivals. 

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.

A lawful strike must meet all of the prerequisites in the Labor Relations Act

August
2005
Illinois Law Update
Page 390
On May 26, 2005, the Illinois Appellate Court, First District, vacated and remanded the decision of the Illinois State Labor Relations Board ("Board") finding that the Amalgamated Transit Union Local 241 ("Union") did not violate its duty to bargain in good faith when it contemplated and took actions in furtherance of a strike. 

Procedures adopted for processing claims under the Illinois Worker Adjustment and Retraining Notification Act

July
2005
Illinois Law Update
Page 336
The Illinois Department of Labor (IDL) recently added Part 230 of Title 56 of the Illinois Administrative Code, 56 Ill Adm Code 230.

Police officer decertification hearings procedure adopted

February
2005
Illinois Law Update
Page 68
The Illinois Labor Relations Board (Board) recently adopted 80 Ill Adm Code 1240, effective November 1, 2004. 

Rules Adopted by the Department of Labor

August
2004
Illinois Law Update
Page 398
The Illinois Department of Labor recently adopted section 320 of Title 56 of the Illinois Administrative Code.

State Requires Construction Contract Bidders to Meet Certain Labor Standards P.A. 93-0642

March
2004
Illinois Law Update
Page 124
Effective June 1st, in order to be considered a responsible bidder on a construction contract, a bidder must comply with and present evidence of compliance with certain standards. 

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.

Workin’ overtime

By Helen W. Gunnarsson
August
2003
LawPulse
Page 374
Proposed federal regs would redefine exemptions from overtime laws, particularly for managerial employees.

Gov. Blagojevich signs Equal Pay Act into law P.A. 93-0006

July
2003
Illinois Law Update
Page 332
On Mother's Day, Gov. Rod Blagojevich signed into law the Illinois Equal Pay Act.

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