Publications

Section Newsletter Articles on Employment Law

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.
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.
Supreme Court rulings to watch By Carl R. Draper Labor and Employment Law, February 2016 The United States Supreme Court has granted certiorari in a couple of labor and employment cases that will be worth noting for all lawyers practicing employment law.
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.
Protecting your employee handbooks and policies from attacks by the NLRB By Mark A. Spognardi Corporate Law Departments, December 2015 For almost a decade, the NLRB has devoted increasing attention to invalidating employer work rules which they deem to interfere with employees’ rights to organize.
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.
Same-sex marriage ruling will impact employers By Ken Sachs, Megan Norris, and James Boufides Employee Benefits, October 2015 As a result of the ruling in Obergefell v. Hodges, employers may want to change their policies to simply treat all married couples the same.
Illinois Human Rights Commission decision summary By Laura D. Mruk Labor and Employment Law, September 2015 A summary of the recent decision in Christopher Cross and Cook County, d/b/a Oak Forest Hospital of Cook County, Corporate Business Cards, Ltd. v. Illinois Human Rights Commission, Illinois Department of Human Rights, and William Kosmeija.
Independent truck driver vs. employee By Kenneth F. Werts Workers' Compensation Law, September 2015 An examination of Steel & Machinery Transport, Inc. v. Workers’ Compensation Commission.
When do you qualify as a traveling employee? By Robert J. Finley Workers' Compensation Law, September 2015 The traveling employee case generally presents an uncertain path to benefits due to the fact-specific nature of the inquiry.
Workplace wellness programs draw scrutiny from the EEOC By Michael K. Chropowicz and Ronald J. Passarelli Corporate Law Departments, May 2015 While the purported benefits to employers of maintaining wellness programs may be clear, uncertainty regarding the legality of such programs appears to be increasing.
An overview of Illinois’ pregnancy fairness laws By Justin L. Leinenweber Government Lawyers, April 2015 As of January 1, 2015, new provisions in Illinois law establish that pregnancy, childbirth, and medical conditions related to pregnancy or child birth are now protected under the Illinois Human Rights Act.