Publications

Section Newsletter Articles on Employment Law

Back-pay claim has 10-year statute of limitations By Phillip B. Lenzini Government Lawyers, March 2018 As a result of Prorok v. Winnebago County, back-pay claims from public employees could be brought as long as 10 years after the claim arises under the Wage Payment and Collection Act.
Recent Illinois appellate court ruling could end the recent flood of class action lawsuits against employers under Illinois’ Biometric Information Privacy Act By Kwabena A. Appenteng and Philip L. Gordon Labor and Employment Law, February 2018 The Illinois Appellate Court’s decision in  Rosenbach v. Six Flags Entertainment Corp is momentous for employers because it provides a substantive defense that has the potential for defeating Biometric Information Privacy Act class actions whether filed in federal or state court.
The Second Circuit provides a roadmap for employers defending claims under Illinois’ Biometric Information Privacy Act By Kwabena A. Appenteng and Philip L. Gordon Labor and Employment Law, February 2018 Employers that implemented biometric timeclocks without giving notice to, or obtaining consent from, employees as required by BIPA are not necessarily “dead in the water” when swept up in the current wave of class action filings.
Illinois employers must accommodate religious clothing and facial hair By Michael R. Lied Labor and Employment Law, January 2018 The Illinois Human Rights Act was recently amended to address clothing and facial hair issues connected with religion.
Non-disparagement clauses in the digital age By Cathy A. Pilkington Labor and Employment Law, January 2018 Because contractual non-disparagement clauses restrict free speech (and quite possibly competition), their ever-expanding usage has come under increasing legal attacks from governmental agencies charged with regulating the workforce.
PTSD is a disability under the ADA By Shari Rhode and Martin D. Parsons Labor and Employment Law, January 2018 Although PTSD is not exclusive to the military, the focus of this article is on veteran/employees with PTSD and some recommendations for how they can be accommodated in the workplace.
Wage obligations of H-1B visa sponsors By Michael R. Lied International and Immigration Law, January 2018 If an H-1B employee is in nonproductive status due to a decision by the employer, the employer is required to pay the employee’s salary. However, once there has been a bona fide termination of the employment relationship, the H-1B employee is no longer entitled to any further salary.
Conducting a human resources audit: A primer By Mark A. Spognardi Corporate Law Departments, October 2017 This primer should prove helpful to all employers that are committed to having solid and lawful employment and labor relations policies and practices.
Former employees must arbitrate ADEA claims on individual basis By Michael R. Lied Labor and Employment Law, October 2017 A summary of McLeod v. General Mills, Inc.
Lawyers behaving badly By Michael R. Lied Labor and Employment Law, October 2017 It’s a bad idea for lawyers to threaten to call immigration authorities to gain advantage over another party.
Immigration enforcement in the workplace likely to increase By Shannon M. Shepherd International and Immigration Law, August 2017 A look at how employers can anticipate, prepare, and react to a visit from ICE.
Top 10 wage violations in Illinois By David J. Fish Labor and Employment Law, August 2017 This article will help Illinois lawyers better serve their clients by identifying frequently overlooked wage claims.
Are hiring practices targeting college students discrimination under the ADEA? By Allison P. Sues Diversity Leadership Council, June 2017 Plaintiffs in Rabin v. Pricewaterhouse Coopers LLP assert that the firm’s hiring practices focused on attracting younger workers through their promotional materials, which featured only pictures of younger employees, stated that the majority of their workforce is made up of millennials, and described perks geared towards younger employees, such as student loan repayment assistance.
Immigration enforcement in the workplace likely to increase By Shannon M. Shepherd Employee Benefits, June 2017 A look at how employers can anticipate, prepare, and react to a visit from ICE.
Immigration enforcement in the workplace likely to increase By Shannon M. Shepherd Corporate Law Departments, June 2017 A look at how employers can anticipate, prepare, and react to a visit from ICE.
Reminder: U.S. Citizenship and Immigration Services’ new digital form I-9 has taken effect By Jacob Hogg and Rebecca Mancini Employee Benefits, June 2017 Employer representatives overseeing the employment eligibility and verification process must ensure that the new Form I-9 with the revision date of Nov. 14, 2016 is used for all new hires going forward.
The $10 million comma By Rex Gradeless Government Lawyers, May 2017 On March 13, 2017, the First Circuit Court of Appeals reversed a lower court’s decision because of a missing comma. This missing comma created a significant-enough ambiguity within Maine’s overtime wage law leading to the reversal. The remanded matter may cost a Maine dairy company $10 million in overtime wages to its employees.
Employee’s suit for green-card sponsorship fails By Michael R. Lied International and Immigration Law, May 2017 A summary of Gason v. Dow Corning Corporation.
Employee’s suit for green-card sponsorship fails By Michael R. Lied Labor and Employment Law, April 2017 A discussion of Gason v. Dow Corning Corporation.
When is it Weingarten? An employee’s right to a union rep during employer questioning By David Amerson Labor and Employment Law, April 2017 Despite its age, the 42-year-old U.S. Supreme Court decision in N.L.R.B. v. J. Weingarten, Inc., still generates confusion among employers attempting to heed it, and hesitancy among workers attempting to invoke it.
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 Michael J. 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.

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