Section Newsletters

Articles From Michael R. Lied

NLRB General Counsel identifies issues of interest By Michael R. Lied Labor and Employment Law, June 2014 In MEMORANDUM GC 14-0, issued February 25, 2014, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board, provided a list of matters that should be submitted to the Division of Advice.
Unsuccessful appeal subjected plaintiff’s attorney to possible sanctions By Michael R. Lied Labor and Employment Law, May 2014 A summary of the recent case of Bass v. Joliet Public School Dist. No. 86.
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied International and Immigration Law, March 2014 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.
OSHA’S 10 most frequently cited standards for Fiscal Year 2013 By Michael R. Lied Labor and Employment Law, March 2014 A table identifying the most cited standards.
OSHA developments By Michael R. Lied Labor and Employment Law, January 2014 Recent updates items of interest to labor & employment practitioners. 
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied Labor and Employment Law, December 2013 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.
Some safety incentive programs may be unlawful By Michael R. Lied Labor and Employment Law, December 2013 Incentive programs that discourage employees from reporting their injuries are problematic because, under Section 11(c) of the OSH Act, an employer may not “in any manner discriminate” against an employee because the employee exercises a protected right, such as the right to report an injury.
Supreme Court affirms award of costs to defendant under F.R.CIV.P. 54 (d)(1) By Michael R. Lied Federal Civil Practice, September 2013 A summary of Marx v. General Revenue Corp.
Court tags asset purchaser with seller’s FLSA liability By Michael R. Lied Labor and Employment Law, June 2013 A summary of the recent case of Teed v. Thomas & Betts Power Solutions, L.L.C.
Employee’s misconduct results in both termination and loss of nearly $2M contingent payment By Michael R. Lied Labor and Employment Law, June 2013 This case is interesting because it is one of the rare state court cases that determines what actions by an employee may be “cause” for termination, relying on the Illinois Unemployment Insurance Act.
Employee’s quit not attributable to employer; No unemployment benefits By Michael R. Lied Labor and Employment Law, June 2013 The issue on appeal was whether the Board’s decision finding that the plaintiff voluntarily left her employment without good cause was clearly erroneous.
Employer may lawfully change schedule to limit overtime By Michael R. Lied Labor and Employment Law, June 2013 The issue on appeal in this case was whether the FLSA limits an employer’s freedom to change an existing workweek designation.
High court allows class arbitration award to stand By Michael R. Lied Federal Civil Practice, June 2013 Predictably, disputes over arbitration agreements and awards will continue. However, Oxford Health Plans v. Sutter gives the parties an opportunity to carefully draft arbitration agreements to prevent class arbitration.
Illinois recognizes privacy rights in case involving investigation of former employee By Michael R. Lied Labor and Employment Law, June 2013 A look at the case of Lawlor v. North American Corporation of Illinois.
Court tags asset purchaser with seller’s FLSA liability By Michael R. Lied Business Advice and Financial Planning, May 2013 A summary of the recent case of Teed v. Thomas & Betts Power Solutions, L.L.C.
Employee lacks ADA claim because of absenteeism By Michael R. Lied Labor and Employment Law, May 2013 Because there was no evidence permitting a conclusion that the plaintiff was a qualified individual for ADA purposes, the district court correctly entered summary judgment for the defendant on her ADA claim.
Rarely-performed task can still be essential By Michael R. Lied Labor and Employment Law, May 2013 A summary of the recent case of Knutson v. Schwan’s Home Service, Inc.
Equal Employment Opportunity Commission issues draft strategic enforcement plan By Michael R. Lied Corporate Law Departments, November 2012 In September of 2012, the U.S. Equal Employment Opportunity Commission released a draft Strategic Enforcement Plan for Fiscal Years 2012 – 2016. The SEP establishes priorities for the EEOC and integrates all components of EEOC’s private, public, and federal sector enforcement.
Eliminating rotating shift not required to reasonably accommodate disabled employee By Michael R. Lied Labor and Employment Law, October 2012 A look at Kallail v. Alliant Energy Corporate Services, Inc.
Psychological counseling may be a medical examination under the ADA By Michael R. Lied Labor and Employment Law, October 2012 In Emily Kroll v White Lake Ambulance Authority, the court of appeals vacated the judgment of the district court granting summary judgment in favor of the defendant and remanded for further proceedings.
Wellness program survives ADA challenge By Michael R. Lied Labor and Employment Law, October 2012 A summary of Seff v. Broward County, Florida.
Settlement offer defeats class action lawsuit By Michael R. Lied Federal Civil Practice, September 2012 According to the appeals court in Damasco v. Clearwire Corporation, to allow a case to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction.
Appeals court discusses evidence of financial status of defendant sued for punitive damages By Michael R. Lied Labor and Employment Law, July 2012 In Powers v. Rosine, the plaintiffs filed a complaint for injuries sustained in an automobile accident where Rosine drove under the influence.
Illinois courts interpret Whistleblower claims By Michael R. Lied Labor and Employment Law, July 2012 Summaries of the cases of Brame v. City of North Chicago and Michael, et al. v. Precision Alliance Group, LLC.
Plaintiff fails to provide admissible evidence to avoid summary judgment By Michael R. Lied Labor and Employment Law, June 2012 A summary of the Luster v. Illinois Dept. of Corrections case.
Plaintiff’s challenge to employer’s light duty policy fails By Michael R. Lied Labor and Employment Law, June 2012 Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
Accusing employee of “Playing the race card” keeps his case alive By Michael R. Lied Labor and Employment Law, March 2012 Employee's history of complaints and Plant Manager's “race card” statements were deemed enough to allow employee to survive summary judgment on his retaliation claim. The court of appeals reversed the grant of summary judgment and remanded for further proceedings in Burnell v. Gates Rubber Co.
Court properly entered injunction during unfair labor practice proceedings By Michael R. Lied Labor and Employment Law, March 2012 In the case of Lineback v. Irving Ready-Mix, Inc., the Seventh Circuit Court of Appeals decided a district court properly granted injunctive relief pending resolution of unfair labor practice charges with the National Labor Relations Board (“NLRB”).
Human resources director allegedly makes admissions of discrimination and retaliation By Michael R. Lied Labor and Employment Law, March 2012 A summary of the recent case of Makowski v. SmithAmundsen LLC.
Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied Federal Civil Practice, March 2012 The Act creates federal diversity jurisdiction over certain class actions in which at least one member of the class is a citizen of a different state from any defendant. 28 U.S.C. § 1332(d)(2). The Act applies to any class action within the Act’s scope before or after the entry of a class certification order.  

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