Section Newsletters

Articles on Labor and Employment Law

U.S. Supreme Court: Prejudice Not Required to Find Waiver of Arbitral Rights By Anabel Blanco & Edward M. Mullins Labor and Employment Law, July 2022 The U.S. Supreme Court released a unanimous opinion in Morgan v. Sundance, Inc., holding that the Federal Arbitration Act does not authorize federal courts to create an arbitration-specific procedural rule requiring a finding of prejudice before a party can be found to have waived its right to arbitration.
Beware of the Illinois Employee Who Insists on Independent Contractor Status By Nancy J. Townsend Labor and Employment Law, February 2022 If a worker provides services at your place of business that are essential to your business, they are an employee under the Illinois Wage Claim Act
Claimant Seeking Only Part-Time Work Found Ineligible for Unemployment Benefits By Michael R. Lied Labor and Employment Law, February 2022 A summary and analysis of Teresi v. Dep’t of Employment Security, et al.
Does the False Claims Act Protect Whistleblowers Against Retaliation? By Jason Zuckerman Labor and Employment Law, February 2022 An overview of the protection the False Claims Act offers to whistleblowers.
Drivers’ Telematics Violates BIPA By Tracey Diamond & Molly DiRago Labor and Employment Law, February 2022 The recent flurry of telematics litigation should be a warning to companies using such technology that they must comply with BIPA if they have Illinois drivers.
Illinois Equal Pay Law Changes Complicate Compliance By Jeremy Glenn, Brittany Green, & Sydney Holman Labor and Employment Law, February 2022 The state of Illinois took bold legislative action toward employee pay equality with sweeping amendments in 2021 to the state Equal Pay Act.
Abruzzo’s Tweets Take Aim at Employer-Friendly Labor Law Precedent By Thomas Payne Labor and Employment Law, January 2022 National Labor Relations Board General Counsel Jennifer Abruzzo recently tweeted her intention to push for two fundamental pro-union changes to U.S. labor law. 
The Economy of COVID and Avoiding Minor Grievances Going to Arbitration By Darrell L. Steinberg Labor and Employment Law, January 2022 A look at how unions can represent employees and handle the cost of arbitration during COVID.
Just Like 2021, the DOJ and FTC Will Likely Remain Active in the Restrictive Covenant Space in 2022 By Scott Humphrey Labor and Employment Law, January 2022 An overview of the activity by the Department of Justice and Federal Trade Commission in 2021.
NLRB GC Memo Addresses Protections for Immigrant Workers By Fiona W. Ong Labor and Employment Law, January 2022 The general counsel of the National Labor Relations Board issued a memo on November 8, 2021, emphasizing that undocumented workers are still entitled to the protections of the National Labor Relations Act. 
2022 Will Bring Strict Limits on Illinois Non-Compete and Non-Solicitation Agreements By Neal F. Perryman, Brian P. Pezza, & Katherine McWherter Intellectual Property, December 2021 On January 1, 2022, Illinois’ amendment to the Illinois Freedom to Work Act will take effect. The amended statute will render unenforceable non-compete agreements with employees earning less than $75,000 annually.
2022 Will Bring Strict Limits on Illinois Non-Compete and Non-Solicitation Agreements By Neal F. Perryman, Brian P. Pezza, & Katherine McWherter Labor and Employment Law, October 2021 On January 1, 2022, Illinois’ amendment to the Illinois Freedom to Work Act will take effect. The amended statute will render unenforceable non-compete agreements with employees earning less than $75,000 annually.
Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits By Fiona W. Ong Labor and Employment Law, October 2021 The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act.
Update on Vaccine Requirements and Roll Out of the Path Out of Pandemic Plan By Brittany Barrientos, Amy Conway, Susan Warshaw Ebner, Eric Whytsell, Zach Buchheit, & Allison Kruse Labor and Employment Law, October 2021 Considerations for employers as they continue to navigate COVID-19 safety in the workplace.
The Dis-Appearance By Hon. Eugene G. Doherty Civil Practice and Procedure, October 2020 A look at what to do in situations involving an absent defendant.
Don’t Believe Everything You Hear: A Lesson in Due Diligence and Unjustified Reliance on Representations By J. Matthew Pfeiffer Civil Practice and Procedure, October 2020 A recent appellate court decision will likely change how due diligence is conducted in the business world in order to avoid the fate that met the plaintiff in Metropolitan Capital Bank & Trust v. Feiner.
Five Issues to Consider When Using Survey Data to Support Employment Litigation: How ‘Mental Math’ Can Cause Survey Fatigue and Lead to Errors By Kristen Backor & Abby Turner Labor and Employment Law, October 2020 Five considerations that should be taken into account when drafting any survey.
Illinois High Court Will Not Apply Federal Successor Liability Doctrine By Michael R. Lied Labor and Employment Law, October 2020 In People ex rel. Department of Human Rights v. Oakridge Healthcare Center, LLC, the Illinois Supreme Court considered, but rejected, the federal approach to successor liability in cases under the Illinois Human Rights Act.
Sixth Circuit Court of Appeals Limits Enforcement of NLRB Special Remedies By Brian J. Moore Labor and Employment Law, October 2020 In an early September decision, the court of appeals has limited the use of “special remedies” by the National Labor Relations Board.
U.S. DOL’s ‘Joint Employer’ Rule Struck Down, Now What? By Christina Fugate & Paul C. Sweeney Labor and Employment Law, October 2020 On January 16, 2020, the Wage and Hour Division of the U.S. Department of Labor published its final rule to revise and update its regulations regarding joint employer status, announcing a four-factor balancing test for determining vertical FLSA joint employer status.
D.C. Circuit Reminds the NLRB That a Weingarten Request Requires a ‘Request’ By Jennifer L. Mora Labor and Employment Law, August 2020 In Circus Circus Casinos Inc. v. NLRB, the U.S. Court of Appeals for the D.C. Circuit denied the National Labor Relations Board’s cross-application for enforcement of its decision, where the court found, among other things, that the Board had “significantly alter[ed] the test for valid Weingarten requests to cover the facts of this case.”
ADA Permits Employers to Require Medical Examinations for Problematic Behavior By Fiona W. Ong Labor and Employment Law, June 2020 Two federal appellate courts in May 2020 affirmed the right of employers under the Americans with Disabilities Act to require a medical examination to assess an employee’s fitness for duty based upon troubling conduct.
Ninth Circuit Issues Two (Mostly) Pro-Employer Background Check Decisions By Gustavo A. Suarez & Stephen R. Woods Labor and Employment Law, June 2020 A look at the two recently issued ninth circuit mostly pro-employer federal Fair Credit Reporting Act decisions, Walker v. Fred Meyer, Inc. and Luna v. Hansen & Adkins Transport, Inc.
What Kind of Evidence Must an Employee Present to Prove He Worked Unpaid Overtime? By Michael R. Lied Labor and Employment Law, May 2020 A summary of VIET v. LE.
Court Fashions Test for Challenging Collective Action Notices Based on Arbitration Agreements By Michael R. Lied Labor and Employment Law, March 2020 A summary of Bigger v. Facebook, Inc.
Court Refuses Discovery of Litigation Funding Information By Michael R. Lied Labor and Employment Law, March 2020 A summary of  In re Valsartan N-Nitrosodimethylamine (NDMA) Contamination Products Liability Litigation.
Employee NDAs Need Recalibration Under Illinois Law By Paul Starkman Labor and Employment Law, March 2020 The Illinois Workplace Transparency Act will affect Illinois employers’ use of workplace confidentiality, nondisparagement, noncooperation, and arbitration provisions.
Employers Must Use New I-9 Employment Verification Forms By Michael R. Lied Labor and Employment Law, March 2020 As of Jan. 31, employers should begin using Form I-9 with revision date of October 21, 2019, to comply with their employment eligibility verification responsibilities.
Expert Testimony on Implicit Bias Barred By Michael R. Lied Labor and Employment Law, March 2020 A summary of Abdullah Haydar v. Amazon Corporate LLC.
Summary of Recent Legislative Changes to the Illinois Human Rights Act and More By Glenn Gaffney Labor and Employment Law, March 2020 The Illinois General Assembly recently passed numerous legislative amendments to the Illinois Human Rights Act, signed into law by Governor Pritzker.

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