Publications

Section Newsletter Articles on Labor and Employment Law

Employee not entitled to new boss By Michael R. Lied Labor and Employment Law, July 2019 A summary of Tinsley v. Caterpillar Financial Services, Corp.
For ADA protection, obesity must have physiological basis By Michael R. Lied Labor and Employment Law, July 2019 Many Americans are overweight or even obese. When does this create a condition protected by the Americans with Disabilities Act?
How to handle the pot-smoking Illinois employee By Daniel S. Alcorn Labor and Employment Law, July 2019 Effective January 1, 2020, the Illinois Cannabis Regulation and Tax Act will allow Illinois residents over 21 years of age to legally possess certain amounts of marijuana, which means Illinois employers will begin to have workers who lawfully have traces of marijuana in their system.
Likely new Illinois statutes By Jennie E. Christensen Labor and Employment Law, July 2019 The Illinois General Assembly recently passed a number of bills that, if signed by Governor Pritzker, would impose significant new duties upon Illinois employers.
Court addresses retaliatory discharge under Wage Payment Act By Michael R. Lied Labor and Employment Law, May 2019 A summary of Karin Williams v. Keystone Peer Review Org., Inc., & Denise Rinell.
Court adopts successor liability theory under Illinois Human Rights Act By Michael R. Lied Labor and Employment Law, May 2019 A summary of People ex rel. Department of Human Rights v. Oakridge Nursing & Rehab Center.
Inevitable disclosure no substitute for post-employment non-competition provision By Michael F. Braun Labor and Employment Law, May 2019 Archer Daniels Midland Company v. Sinele, et al. reminds employers that the doctrine of inevitable discovery is not a foolproof substitute for enforceable post-employment restrictions on competition.
Commissions or bonuses? It makes a difference By Michael R. Lied Business Advice and Financial Planning, March 2019 A summary of Daryl Sutula-Johnson v. Office Depot, Inc.
Commissions or bonuses? It makes a difference By Michael R. Lied Labor and Employment Law, February 2019 A summary of Daryl Sutula-Johnson v. Office Depot, Inc.
Janus v. AFSME Council 31: The aftermath By Carl R. Draper Local Government Law, February 2019 The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.
Now that you know that a RIF is not a ‘magic bullet’: Performance management advice for managers in five easy pieces By Elizabeth Torphy-Donzella Labor and Employment Law, February 2019 A list of steps to take to set the table for success to ensure your company is not tempted to use a reduction in force as a means to an end.
RIFs are not the easy solution for problem employees By Fiona Ong Labor and Employment Law, February 2019 Hawks v. Ballantine Communications, Inc. highlights the risks companies take when culling unwanted employees through a supposed reduction in force.
Social security no match letters to resume in 2019 By Benjamin T. Kurten Labor and Employment Law, February 2019 Common questions and answers about no-match letters, which are sent by the Social Security Administration (SSA) to employers that have submitted a wage report containing a reported name, Social Security number, or a combination for an employee that do not match SSA records.
Janus v. AFSME Council 31: The aftermath By Carl R. Draper Labor and Employment Law, January 2019 The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.
Lawsuit alleges “no-poach” agreement is antitrust violation By Michael R. Lied Labor and Employment Law, January 2019 Employers would be wise to consider abandoning no-poach agreements, particularly since antitrust damages can be very significant.
Tax considerations when settling an employment claim By Alan Shamoun Labor and Employment Law, January 2019 There are a number of issues to consider before writing up a settlement agreement and making sure all parties involved know what their obligations are for reporting and paying the proper amount of taxes.
Title IX at 47: A brother’s reflections on an Olympic gymnast, a track pioneer, and a Nike executive By John E. Thies Labor and Employment Law, January 2019 A first-hand account of some of the ups and downs associated with Title IX.
Illinois employers must soon reimburse some employee expenditures By Michael R. Lied Labor and Employment Law, December 2018 Effective January 1, 2019, the Illinois Wage Payment and Collection Act requires employers to reimburse employees for certain business related expenses incurred by the employees.
Leave of absence as a reasonable accommodation following exhaustion of FMLA benefit By David E. Krchak Labor and Employment Law, December 2018 Severson v. Heartland Woodcraft, Inc. addresses the issue of whether and when an employee may be entitled to an extended leave of absence beyond the 12-week leave granted under the Family and Medical Leave Act as a reasonable accommodation under the Americans with Disabilities Act.
Recent opinion letters from DOL By David E. Krchak Labor and Employment Law, November 2018 In August, the Wage and Hour Division of the U.S. Department of Labor issued two opinion letters addressing the treatment of attendance points while an  employee is on an FMLA leave of absence and whether time spent in voluntary wellness activities must be considered as hours worked.
Seventh circuit defines appropriate test for joint employer liability under Title VII By Orly M. Henry Labor and Employment Law, November 2018 The U.S. Court of Appeals for the Seventh Circuit recently clarified the applicable test for determining joint employment for Title VII liability.
U.S. Supreme Court upholds employers’ right to mandatory individualized arbitration By Juanita B. Rodriguez and Danielle Kirby Labor and Employment Law, November 2018 The U.S. Supreme Court recently upheld the right of employers to include mandatory individualized arbitration clauses in their employment contracts in a 5-4 decision.
Negligent hiring and supervision in Illinois By Michael R. Lied Labor and Employment Law, December 2017 A look at the recent cases of Susanna McNerney v. Muhtar Allamuradov, 303 TAXI, LLC, and Grand Transportation, Inc. and John Doe v. The Catholic Bishop of Chicago.
Why do powerful serial harassers get away with it for so long? By Richard T. Seymour Labor and Employment Law, December 2017 This article discusses the standards developed under Title VII of the Civil Rights Act of 1964, which forbids harassment based on sex, race, and other protected characteristics, and also forbids retaliation against those who oppose unlawful actions or participate in the Title VII enforcement process.
Why do powerful serial harassers get away with it for so long? By Richard T. Seymour Corporate Law Departments, December 2017 This article discusses the standards developed under Title VII of the Civil Rights Act of 1964, which forbids harassment based on sex, race, and other protected characteristics, and also forbids retaliation against those who oppose unlawful actions or participate in the Title VII enforcement process.
DOL issues final disability claim procedures rules: Employers must act By Steve Flores and Marissa Sims Employee Benefits, June 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
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.
What is OSHA looking for? By Michael R. Lied Labor and Employment Law, February 2012 A list of the most commonly cited OSHA violations from fiscal year 2011.
NLRB delays employee rights posting By J.J. McGrath Corporate Law Departments, January 2012 Whether or not your company wants to balance the NLRB notice with one of its own is a judgment call, but right now all employers need to be prepared to post the NLRB notice on April 30, 2012.
Specialty healthcare: The NLRB rewrites rules on bargaining units By Michael D. Gifford Labor and Employment Law, December 2011 As a result of the recent decision of Specialty Healthcare and Rehabilitation Center of Mobile, unions will be able to organize a minority share of an employer’s workforce although a majority of workers may not favor the union.

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