Section Newsletters

Articles From Michael R. Lied

Employer flubs credit check on job applicant By Michael R. Lied Labor and Employment Law, February 2017 A summary of Catherine Ohle v. The Neiman Marcus Group.
Office of Special Counsel provides discrimination guidance By Michael R. Lied International and Immigration Law, February 2017 In determining whether a violation has occurred, the Office of the Chief Administrative Hearing Officer, the adjudicative body that hears cases arising under the INA’s anti-discrimination provision, looks to relevant case law of the federal circuit in which the claim arises.
OK to ask applicants if they need immigration sponsorship By Michael R. Lied International and Immigration Law, October 2016 An employer that asks questions designed to prefer certain classes of nonimmigrant visa holders (e.g., STEM OPT students) over other classes of nonimmigrant visa holders is unlikely to violate the INA’s prohibition against citizenship status discrimination.
Court affirms fee award under Human Rights Act By Michael R. Lied Labor and Employment Law, September 2016 A summary of Mendez v. The Town of Cicero.
The Defend Trade Secrets Act—New employer rights and responsibilities By Michael R. Lied Labor and Employment Law, September 2016 Businesses now can bring trade secret claims under federal as well as state law and can litigate trade secret claims in federal court without having to establish another basis for jurisdiction.
OSHA developments: Electronic records, drug testing, and drastically increased penalties By Michael R. Lied Labor and Employment Law, September 2016 A look at OSHA's new rule changes.
The Defend Trade Secrets Act—New employer rights and responsibilities By Michael R. Lied Federal Civil Practice, June 2016 Businesses now can bring trade secret claims under federal as well as state law and can litigate trade secret claims in federal court without having to establish another basis for jurisdiction.
Employer fails in bid for removal under 28 U.S.C. § 1332 By Michael R. Lied Federal Civil Practice, June 2016 A summary of the recent case of John Stell and Charles Williams, Jr. v. Gibco Motor Express, LLC.
Replacing American workers with foreign workers may be discrimination By Michael R. Lied Labor and Employment Law, April 2016 The INA’s anti-discrimination provision only prohibits intentional discrimination. This means that to engage in unlawful citizenship status discrimination, an employer must have acted “because of” citizenship or immigration status.
Employer not entitled to injunction against former employee By Michael R. Lied Labor and Employment Law, February 2016 An overview of the recent case of Capstone Financial Advisors Inc. v. Plywaczynski.
Staffing company may selectively use e-verify By Michael R. Lied International and Immigration Law, February 2016 An employer that selectively creates E-Verify cases for employees based on citizenship status or national origin may violate the INA's anti-discrimination provision.
Employer bungles handling of discrimination charge By Michael R. Lied Labor and Employment Law, December 2015 A summary of Windsor Clothing Store v. Castro.
Juror not disqualified by mistaken belief as to the law By Michael R. Lied Federal Civil Practice, December 2015 In Marshall v. City of Chicago, the plaintiff sought to exclude a potential juror and also to expand the size of the jury during voir dire.
New limits on community college employment contracts By Michael R. Lied Labor and Employment Law, December 2015 The Public Community College Act was recently amended to impose certain limitations on employment contracts.
Sometimes employer may lawfully ask for additional documents after internal I-9 audit By Michael R. Lied International and Immigration Law, December 2015 How to advise a client following an internal audit of the client’s Forms I-9.
Proposed class action not mooted by defendant’s tender By Michael R. Lied Civil Practice and Procedure, November 2015 The important consideration in determining whether a named representative’s claim is moot is whether that representative filed a motion for class certification prior to the time when the defendant made its tender.
Court erred in admitting text messages By Michael R. Lied Bench and Bar, September 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Illinois amends Equal Pay Act By Michael R. Lied Corporate Law Departments, September 2015 Effective January 1, 2016, the Act is amended to cover all Illinois employers, rather than only employers of four or more employees.
Illinois amends Equal Pay Act By Michael R. Lied Labor and Employment Law, September 2015 Effective January 1, 2016, the Act is amended to cover all Illinois employers, rather than only employers of four or more employees.
Court erred in admitting text messages By Michael R. Lied Civil Practice and Procedure, June 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Drug testing retaliatory discharge claim fails on issues of causation By Michael R. Lied Labor and Employment Law, March 2015 A summary of the recent case of Phillips v. Continental Tire The Americas, LLC.
Illinois regulates payroll cards By Michael R. Lied Labor and Employment Law, March 2015 An overview of the amendments to the Illinois Wage Payment and Collection Act.
Employees failing to use employer’s recordkeeping system lose overtime claims By Michael R. Lied Labor and Employment Law, February 2015 Three recent cases make clear employees have an obligation to record their work time accurately.
Extended leave of absence is not a reasonable accommodation By Michael R. Lied Labor and Employment Law, December 2014 A summary of Hwang v. Kansas State University, ___ F.3d ___, 2014 WL 2212071(10th Cir. 2014),
Recent cases provide guidance on motions to dismiss By Michael R. Lied Federal Civil Practice, December 2014 Recent cases of interest to federal civil practice attorneys.
Appeals court enforces NLRB decision on confidentiality policy By Michael R. Lied Labor and Employment Law, September 2014 A synopsis of Flex Frac Logistics, L.L.C. v. National Labor Relations Board.
The new Illinois Job Opportunities for Qualified Applicants Act By Michael R. Lied Labor and Employment Law, September 2014 This new Act prohibits an employer or employment agency from inquiring about, considering, or requiring disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that he or she has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made.
Personal jurisdiction in the Internet age By Michael R. Lied Federal Civil Practice, September 2014 A party’s Internet activity may affect whether the party is subject to a court’s jurisdiction.
Arbitration clause survives expiration of contract By Michael R. Lied Federal Civil Practice, June 2014 A synopsis of Huffman v. The Hilltop Companies, LLC.
New NLRB Notice format By Michael R. Lied Labor and Employment Law, June 2014 In Durham School Services, L.P., 360 NLRB No. 85 (2014) The National Labor Relations Board took another step into the future.

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