Section Newsletters

Articles on Labor and Employment Law

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.
Summary of Recent Legislative Changes to the Illinois Human Rights Act and More By Glenn Gaffney Human and Civil Rights, March 2020 The Illinois General Assembly recently passed numerous legislative amendments to the Illinois Human Rights Act, signed into law by Governor Pritzker.
Employee’s Unusual Behavior May Alert Employer to Possible Disability By Michael R. Lied Labor and Employment Law, December 2019 A summary of Valdivia v. Township High School District.
Can Illinois Limit Mandatory Arbitration Provisions? By Michael R. Lied Labor and Employment Law, October 2019 The Illinois Workplace Transparency Act goes into effect on January 1. Among other things, it purports to put a number of limits on mandatory arbitration agreements imposed by employers.
Did the Parties Agree to Arbitrate Their Disputes? By Michael R. Lied Labor and Employment Law, October 2019 A recent federal appellate case serves as a reminder that it is best practice to provide a written copy of an arbitration agreement and have individuals sign an acknowledgment of receipt and review of the arbitration provision.
Preventing Violence in the Illinois Workplace By Daniel S. Alcorn Labor and Employment Law, October 2019 An overview of an employer's duty to provide a safe workplace in Illinois and practical steps that can be taken to prevent workplace violence.
Inevitable Disclosure No Substitute for Post-Employment Non-Competition Provision By Michael F. Braun Intellectual Property, September 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.
Title IX at 47: A Brother’s Reflections on an Olympic Gymnast, a Track Pioneer, and a Nike Executive By John E. Thies Women and the Law, September 2019 A first-hand account of some of the ups and downs associated with Title IX.
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?
1 comment (Most recent July 18, 2019)
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.

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