Section Newsletters

Articles on Labor and Employment Law

Hot topics: did you know that disciplinary suspensions of less than one week can jeopardize an salaried employee’s exempt status from the overtime requirements of the Fair Labor Standards Act? By Kevin D. Eack Labor and Employment Law, November 2001 This issue has brewing for some time for employers. In Auer v. Robbins, 519 U.S. 452, 117 S.Ct. 905 (1997), the U.S. Supreme Court reviewed the policy and practices of the St. Louis Metropolitan Police Department regarding this issue.
Illinois appellate court recognizes claim for retaliatory discharge relating to filing for unemployment benefits By Michael R. Lied Labor and Employment Law, November 2001 On a number of occasions the Illinois Supreme Court has cautioned the lower courts against expanding the tort of retaliatory discharge.
Nursing mothers to be accommodated By Alisa B. Arnoff Labor and Employment Law, November 2001 A new law effective July 12, 2001 requires covered employers to provide nursing mothers with unpaid break time to express breast milk.
Seventh Circuit partially closes the FLSA “window of correction” By Michael R. Lied Labor and Employment Law, June 2001 To be exempt from entitlement to overtime pay under the Fair Labor Standards Act, an employee must usually meet certain job duties tests, as an executive, administrative or professional employee, and also be paid on a salaried basis.
Supreme Court rules cap on damages not applicable to front pay By Michael R. Lied Labor and Employment Law, June 2001 In the Civil Rights Act of 1991, Congress expanded the remedies available to Plaintiffs alleging discrimination--for the first time allowing compensatory and punitive damages.
Employment law update By Donald R. Tracy & Catherine A. DeGenova-Carter Labor and Employment Law, February 2001 1. Sinkler v. Mid-West Property Management, 209 F.3d 678 (7th Cir. 2000). The Seventh Circuit held that an individual's driving phobia was not sufficiently limiting to qualify as a disability.
Do you create a “precedent” by giving severance pay? By Michael R. Lied Labor and Employment Law, December 2000 Business people sometimes wonder if giving one employee severance pay creates a legal duty to provide severance pay to other employees.
ISBA adopts resolution requesting modifications to Department of Human Rights’ procedures expanding upon the federal injunction affirmed by Seventh Circuit in Cooper v. Salazar By Glenn R. Gaffney Labor and Employment Law, December 2000 On January 29, 1999, Judge Milton Shadur of the Northern District of Illinois, issued an injunction against the Illinois Department of Human Rights in the case of Ricky Cooper v. Rosemary Bombella, Director, Illinois Department of Human Rights
Private companies must permit nonunion employees predisciplinary hearings By Elaine Massock Labor and Employment Law, September 2000 On July 10, 2000, the National Labor Relations Board (NLRB) decided a case called Epilepsy Foundation of Northeast Ohio, applying what is known as the "Weingarten rule" to employees in non-unionized workplaces.
A break for IDHR complainants? By Donald S. Rothschild & Richard F. Bruen, Jr. Labor and Employment Law, April 2000 Cooper v. Salazar is a class action lawsuit now pending before the U.S. District Court of the Northern District of Illinois, before Judge Milton I. Shadur. Plaintiffs are alleging that certain 1996 amendments to the Illinois Human Rights Act ("IHRA") violate the Due Process Clause of the 14th Amendment.
Seventh Circuit provides “safe harbor” language for benefit plans By Michael R. Lied Labor and Employment Law, April 2000 In late February, the United States Court of Appeals for the Seventh Circuit issued an important decision relating to employee benefit plans.
A sampling of reasons to distinguish the Illinois Human Rights Commission from federal court By John M. Wood Labor and Employment Law, July 1999 The potential pratfalls that face any attorney who practices only periodically in a given area of the law are pronounced in employment discrimination law.
Recent Illinois Human Rights Commission decisions By Michael R. Lied Labor and Employment Law, June 1999 In Matter of Nancy L. Christensen and First State Bank of Walnut, Charge No. 1991 CA 1980, ALS No. 6185 (March 25, 1999), complainant alleged she was terminated based on her age.
Causation and reasonably foreseeable business circumstances under the Workers Adjustment and Retraining Notification Act By Alan L. Hellman Labor and Employment Law, March 1999 The federal Workers Adjustment and Retraining Notification Act, or WARN Act, was passed by Congress in 1988 to provide workers and local communities with 60 days' advance notice of plant closings and mass layoffs.
Recent Human Rights Commission decisions By Michael R. Lied Labor and Employment Law, March 1999 In Matter of Stanley Clark and Rodriguez and Villalobos, Charge No. 1992 CA 0945, ALS No. 7087 (May 29, 1998), complainant alleged he was discriminated against based on his national origin, non-Hispanic, and age. Respondent law firm asserted complainant was terminated because of poor job performance.
Minutes of section council meeting Labor and Employment Law, February 1999 The Midyear Meeting of the ISBA Labor and Employment Law Section Council was called to order at 4:30 p.m. at the Sheraton Hotel in Chicago by Mr. David Krchak, chair. The following members were present:

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