Section Newsletter Articles on Employment Law

Pre-employment screening in Illinois By Lauryn E. Parks Business and Securities Law, March 2017 A look at the federal and state restrictions on the use or scope of pre-employment inquiries into an applicant’s credit and/or criminal histories.
Accommodating the mobile employee By Alex Rechenmacher Law Office Management and Economics, Standing Committee on, February 2017 Employers willing to take the leap and let their workers conduct business outside of the traditional office space need to make important accommodations for this newer, flexible work force.
Dramatic and wide-ranging changes in the Chicago employment landscape By Mason Cole Law Office Management and Economics, Standing Committee on, February 2017 A recent Department of Labor restriction provides all litigators and legal professionals a reason to review employment manuals with a fine-tooth comb.
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.
Navigating mandatory arbitration in Cook County’s Law Division, Commercial Calendar Section By Nicole M. Anderson Labor and Employment Law, February 2017 In Cook County, a recent change in the Law Division now sends cases originally destined for trial within the Law Division to mandatory arbitration--but not the mandatory arbitration you’re used to.
Pre-employment screening in Illinois By Lauryn E. Parks Labor and Employment Law, February 2017 A look at the federal and state restrictions on the use or scope of pre-employment inquiries into an applicant’s credit and/or criminal histories.
Pre-employment screening in Illinois By Lauryn E. Parks Business Advice and Financial Planning, February 2017 A look at the federal and state restrictions on the use or scope of pre-employment inquiries into an applicant’s credit and/or criminal histories.
Settling parties (with attorneys) beware! By Mike Maslanka Senior Lawyers, February 2017 The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
2016 legislation By David Krchak Labor and Employment Law, December 2016 There were two new statutes affecting Illinois employers and employees passed in the most recent session of the legislature and signed into law by Governor Rauner. There were also three acts which were amended during 2016.
2016 legislation By David Krchak Business Advice and Financial Planning, December 2016 There were two new statutes affecting Illinois employers and employees passed in the most recent session of the legislature and signed into law by Governor Rauner. There were also three acts which were amended during 2016.
Drug-testing after workplace injuries: Illinois Workers’ Compensation Act likely not a workaround to new OSHA rule By Philip Jeffrey Pence Labor and Employment Law, December 2016 As of August 10, 2016, employers may no longer use blanket or automatic drug-testing policies after workplace injuries occur if the policy can be seen as an adverse action against the employee reporting the injury.
Employers grappling with new overtime final rule By Mark A. Spognardi Employee Benefits, October 2016 With the December 1st deadline fast approaching, compounded by election year political maneuverings, there is uncertainty as to whether the final rule will be defunded, overturned, or enjoined before its effective date.
An introduction to the Department of Labor’s new Conflict of Interest Rule on Investment Advice By Hilary E. Wild Employee Benefits, October 2016 This article provides a summary of the Department of Labor’s new Conflict of Interest Rule on Investment Advice, focusing on the Best Interest Contract Exemption and the streamlined Level Fee Fiduciary exception.
Class action waivers in employment arbitration agreements unenforceable: Seventh Circuit decision creates Circuit split By Jon D. Hoag Labor and Employment Law, September 2016 In its decision in Lewis v. Epic Systems Corporation, provides clear guidance to employers within the Seventh Circuit’s jurisdiction that employment arbitration agreements with class action waivers are no longer enforceable. However, this issue of law will remain uncertain in other jurisdictions until the Supreme Court addresses the split, or until the NLRB Board changes members and overturns the position taken in D.R. Horton.
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.
Employers grappling with new overtime final rule By Mark A. Spognardi Corporate Law Departments, September 2016 With the December 1st deadline fast approaching, compounded by election year political maneuverings, there is uncertainty as to whether the final rule will be defunded, overturned, or enjoined before its effective date.
An introduction to the Department of Labor’s new Conflict of Interest Rule on Investment Advice By Hilary E. Wild Business Advice and Financial Planning, September 2016 This article provides a summary of the Department of Labor’s new Conflict of Interest Rule on Investment Advice, focusing on the Best Interest Contract Exemption and the streamlined Level Fee Fiduciary exception.
New overtime rule impacts exempt employees By Donald S. Rothschild and Brian M. Dougherty Labor and Employment Law, September 2016 On May 18, 2016, the U.S. Department of Labor issued its Final Rule which made significant changes to EAP and HC employees’ salary and compensation levels. The Final Rule did not make any changes to the salary basis test or duties test. The Final Rule becomes effective on December 1, 2016.
New overtime rule impacts exempt employees By Donald S. Rothschild and Brian M. Dougherty Business Advice and Financial Planning, September 2016 On May 18, 2016, the U.S. Department of Labor issued its Final Rule which made significant changes to EAP and HC employees’ salary and compensation levels. The Final Rule did not make any changes to the salary basis test or duties test. The Final Rule becomes effective on December 1, 2016.
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.
The IHRA: Extending protections for pregnant women in the workplace By Catherine D. Battista and Michael Wong Diversity Leadership Council, June 2016 The amendments to the Illinois Human Rights Act are a step in the right direction, but will likely create many logistical problems and headaches for Illinois employers as they seek to comply with the law.
Seventh Circuit finds that Chicago principal was not terminated due to his age By Phyleccia Cole Education Law, June 2016 A summary of the recent decision in Lionel Bordelon v. Board of Education of the City of Chicago.
Are flight attendants always traveling employees? By Richard D. Hannigan Workers' Compensation Law, April 2016 The appellate court answered this question earlier this year in United Airlines Inc. v. IWCC.
Establishing a duty of care in asbestos cases without occupational exposure By Cody Favilla Tort Law, April 2016 What is the duty of care owed by an employer to the household members of its employees?
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.
Use of third-party litigation exception to American Rule to recover attorney fees in enforcement of non-competition agreement By Richard A. Russo Labor and Employment Law, April 2016 Employers seeking to enforce a non-competition agreement may still be able to recover their attorney fees by pursuing a tortious interference claim against the third party employing the former employee in violation of the non-competition agreement.
Don’t go to federal court if you are claiming employment for sexual orientation By Kathryn E. Eisenhart Human Rights, March 2016 There are more protected categories under the Illinois Human Rights Act.
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.