Criminal prosecution under the Occupational Safety and Health ActBy MIchael R. LiedLabor and Employment Law, September 2009Employers do not typically think about the possibility of criminal liability under the Occupational Safety and Health Act. However, Section 17(e) of the Act punishes any employer convicted of willfully violating any standard, rule, order or regulation prescribed pursuant to the Act, if that violation caused an employee’s death.
Editor’s noteBy Michael R. LiedLabor and Employment Law, September 2009In St. Aubin v. Unilever HPC NA, Civil Action No. 09 C 1874 (N.D. Ill. June 26, 2009), the court considered the applicability of Pyett.
Borrowed employee has retaliatory discharge claimBy Michael R. LiedLabor and Employment Law, June 2009In a case of first impression, the Illinois Appellate Court determined that an employee of a staffing company could sue the company’s customer for retaliatory discharge.
Your IT personnel have become child porn copsBy Michael R. LiedLabor and Employment Law, May 2009Under a recent amendment to the Illinois Abused and Neglected Child Reporting Act, there is a new obligation on certain Illinois workers to report child pornography which they discover on the job.
Employment claims based on association with another personBy Michael R. LiedLabor and Employment Law, December 2008You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements.
Illinois acts to protect biometric informationBy Michael R. LiedLabor and Employment Law, December 2008Illinois recently enacted the Biometric Information Privacy Act, Public Act 95-0994.
Employee has claim for harassing workplace behavior not directed at herBy Michael R. LiedLabor and Employment Law, September 2008Reeves worked as a Transportation Sales Representative for C.H. Robinson Worldwide, Inc. (“CHRW”) in its Birmingham, Alabama branch office. She was the only female TSR in the office.
Employee lawfully discharged after objecting to disclosing protected health informationBy Michael R. LiedLabor and Employment Law, September 2008Rockwell Lime Company, seeking competitive bids for group health insurance, requested its employees authorize the disclosure of their protected health information to insurance companies for the purpose of pre-enrollment underwriting and risk rating.
Employer’s confidentiality policy violates labor lawBy Michael R. LiedLabor and Employment Law, September 2008The NLRB alleged that Northeastern Land Services, Ltd. violated Section 8(a)(1) of the National Labor Relations Act by maintaining, in its employment contracts, an overbroad confidentiality provision, and by terminating employee Dupuy for breaching that policy.
Memorizing secret information may violate Trade Secrets ActBy Michael R. LiedLabor and Employment Law, September 2008Al Minor & Associates, Inc., (“AMA”) is an actuarial firm that designs and administers retirement plans and that employs pension analysts who work with approximately 500 clients.
Using e-mail to create a contractBy Michael R. LiedBusiness and Securities Law, August 2008There are a lot of ways to create a contract. Not surprisingly, courts are now beginning to find that an exchange of e-mails can be sufficient.
EEOC issues guidance on employment testingBy Michael R. LiedLabor and Employment Law, June 2008The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that provides employers guidance on employment related testing and selection methods.
Employer’s challenge to unemployment benefits may be evidence of unlawful retaliationBy Michael R. LiedLabor and Employment Law, February 2008In Burlington Northern & Santa Fe R.R. Co. v. White, ___ U.S. ___, 126 S. Ct. 2405 (2006), the Supreme Court held that an employee subjected to employer conduct, whether inside or outside the workplace, that might dissuade an objectively reasonable worker from making or supporting a charge of discrimination, suffers a sufficiently adverse action to state a retaliation claim under Title VII.
NLRB modifies recognition bar ruleBy Michael R. LiedLabor and Employment Law, February 2008The time-honored way in which employees select a union representative has been through a secret ballot conducted by the National Labor Relations Board (the “Board”).
Private investigator’s actions lead to invasion of privacy claimBy Michael R. LiedLabor and Employment Law, February 2008Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Negotiating separation agreementsBy Michael R. LiedBusiness and Securities Law, January 2008Employers frequently seek to avoid or resolve litigation related to terminating an employee by having the other party sign a release or waiver.
Anti-Pretexting StatuteBy Michael R. LiedLabor and Employment Law, November 2007Hewlett-Packard’s Chairman, Patricia Dunn, was allegedly upset about leaks to the media about the company’s long term strategic plans. Hewlett-Packard retained an outside firm to gain access to its directors’ phone records, believing that one or more directors were the source of the leak.
Private investigator’s actions lead to invasion of privacy claimBy Michael R. LiedLabor and Employment Law, November 2007Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Union not entitled to employee e-mail addressesBy Michael R. LiedLabor and Employment Law, November 2007In Trustees of Columbia University, Case 2-RC-22355 (August 9, 2007), a majority of a panel of the National Labor Relations Board (“Board”) found the employer did not violate the law when it refused to provide the union with e-mail addresses of eligible voters.
Does a manager have to express happiness that a subordinate is pregnant?By Michael R. LiedLabor and Employment Law, August 2007Probably not. However, failure to do so was one issue considered significant in a pregnancy discrimination case. Asmo v. Keane, Inc., 471 F.3d 588 (6th Cir. 2006).
NLRB changes damages presumptions when employer refuses to hire paid union organizersBy Michael R. LiedLabor and Employment Law, August 2007In Oil Capital Sheet Metal, Inc., 349 NLRB No. 118 (2007), the Complaint alleged, and the Administrative Law Judge found, that the Respondent violated Section 8(a)(3) of the National Labor Relations Act by refusing to hire Couch, a paid union organizer.
Failure to insure contraceptives was not sex discriminationBy Michael R. LiedLabor and Employment Law, June 2007Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things. They excluded both male and female contraceptive methods, prescription and non- prescription, when used for the sole purpose of contraception. The health plans only covered contraception when medically necessary for a non-contraceptive purpose.
Mass flu outbreak: Employment implicationsBy Michael R. LiedLabor and Employment Law, June 2007Not “if” but “when.” According to the Director of the Centers for Disease Control (“CDC”), a pandemic, likely an influenza break- out, is inevitable. Some CDC recommendations have employment law implications. For example, if employees become ill, an obvious issue may be the need to satisfy Family and Medical Leave Act obligations. There may also be issues under the Occupational Safety and Health Act. There could be implications under the Fair Labor Standards Act for employees who are required to work from home. For employers with a union, there may be labor law issues.
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