Illinois Bar Journal


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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 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.