Articles on Labor Law

Retailors take note: Commission sales in Illinois By Douglas Darch Business Advice and Financial Planning, October 2018 A recent seventh circuit decision makes clear that in Illinois there is a distinction between "commissions" and "bonuses."
Retailors take note: Commission sales in Illinois By Douglas Darch Labor and Employment Law, September 2018 A recent seventh circuit decision makes clear that in Illinois there is a distinction between "commissions" and "bonuses."
Reference to JAMS Rules in contract allows arbitrator to decide arbitrability By Michael R. Lied Labor and Employment Law, May 2018 It is usually—but not always—up to a court to determine if parties to an agreement have decided to let an arbitrator decide disputes under that agreement.
US Department of Labor issues final disability claim procedure rules By Steve Flores & Marissa Sims Insurance Law, September 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.
US Department of Labor issues final disability claim procedure rules By Steve Flores & Marissa Sims Employee Benefits, September 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.
Successor bus company violated National Labor Relations Act By Michael R. Lied Labor and Employment Law, August 2017 The recent case of Allways East Transportation, Inc. provides a good discussion of labor law successorship issues.
DOL fiduciary rule takes effect June 9 By Mark A. Spognardi Corporate Law Departments, June 2017 Important provisions of the Department of Labor’s ERISA Fiduciary Rule take effect TODAY!
Familial relationship within the context of PERM Labor Certification Application By Rabindra K. Singh Employee Benefits, June 2017 When deciding whether or not to pursue and submit a Labor Certification Application on behalf of a Foreign National who happens to have a “family relationship” with the owners, stockholders, partners, corporate officers, or incorporators of the sponsoring Employer, one should take into consideration all nine factors of the “totality of circumstances” test.
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.
Abood v. Detroit Bd. Of Education survives…for now? By Carlos Arevalo Labor and Employment Law, April 2016 Had the Supreme Court overturned Abood, it would have had a profound impact across the Country’s 25 states that permit compulsory “fair share” for teachers, firefighters, police and other public workers. 
Right-to-work: Winning the race to the bottom By Paul A. Prendergast & James S. Shovlin Labor and Employment Law, April 2016 An argument in opposition to right to work laws.
Identification of misclassified employees By David Krchak Labor and Employment Law, December 2015 A look at Administrator David Weil’s explanation of the six factors of the "economic realities" test to determine whether a worker is an independent contractor.
NLRB ambush election rules and e-mail communications—Labor Board ushers in fundamental changes favoring big labor By Mark A. Spognardi Labor and Employment Law, December 2015 The decision in Purple Communications and the quickie election rules are designed to reinvigorate the union movement with a new generation of young, millennial employees, without which the union movement will wither away.
NLRB ambush election rules and e-mail communications—Labor Board ushers in fundamental changes favoring big labor By Mark A. Spognardi Corporate Law Departments, September 2015 The decision in Purple Communications and the quickie election rules are designed to reinvigorate the union movement with a new generation of young, millennial employees, without which the union movement will wither away.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, December 2014 Recent cases of interest to labor and employment law practitioners.
Police and fire discharge: Arbitration vs. commission—What does the collective bargaining agreement say? By Carlos S. Arévalo Labor and Employment Law, December 2014 In Woods v. City of Berwyn, the court had to rule on an employee’s claim that he was entitled to arbitration despite provisions in the collective bargaining agreement that gave the police and fire commission authority to consider disciplinary charges.
Police and fire discharge: Arbitration vs. commission—What does the collective bargaining agreement say? By Carlos S. Arévalo Local Government Law, December 2014 In Woods v. City of Berwyn, the court had to rule on an employee’s claim that he was entitled to arbitration despite provisions in the collective bargaining agreement that gave the police and fire commission authority to consider disciplinary charges.
Appeals court enforces NLRB decision on confidentiality policy By Michael R. Lied Labor and Employment Law, September 2014 A synopsis of Flex Frac Logistics, L.L.C. v. National Labor Relations Board.
Labor law for the employment lawyer By Mark Wilkinson & Josh Meeuwse Labor and Employment Law, June 2014 An overview of the fundamental labor law concepts.
Appeals court enforces NLRB decision on confidentiality policy Labor and Employment Law, May 2014 A look at Flex Frac Logistics, L.L.C. v. National Labor Relations Board.
Labor dispute raises civil practice and privilege issues By Nigel Smith Civil Practice and Procedure, February 2014 A summary of the recent case of Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, and the procedural steps taken by each of the parties.
Calculation of AWW when considering future earning per a union contract By Megan Kivisto & Peter Corti Workers' Compensation Law, August 2013 In addition to setting forth a clear rule regarding calculation of wage differential benefits, the case of United Airlines, Inc. v. Illinois Workers’ Compensation Commission reminds us that speculative evidence has no place in our practice.
DC Circuit strikes down NLRB notice rule By Gerard A. McInnis Labor and Employment Law, May 2013 The United States Court of Appeals for the District of Columbia Circuit has struck down the NLRB’s rule requiring all employers covered by the National Labor Relations Act to post a notice informing employees of their rights under the Act.
NLRB Office of Advice proposed Confidentiality Rule By Gerard A. McInnis Labor and Employment Law, May 2013 An employer who adopts the rule outlined in this article is less likely to face a complaint from a Regional Office
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, December 2012 Recent cases of interest to labor & employment law practitioners.
Court properly entered injunction during unfair labor practice proceedings By Michael R. Lied Labor and Employment Law, March 2012 In the case of Lineback v. Irving Ready-Mix, Inc., the Seventh Circuit Court of Appeals decided a district court properly granted injunctive relief pending resolution of unfair labor practice charges with the National Labor Relations Board (“NLRB”).
National Labor Board rules that AT&T Mobility ruling does not apply in work contracts By Casey Harter & Madeline Moton Alternative Dispute Resolution, February 2012 The National Labor Relation Board recently made a controversial ruling that appears inconsistent with the U.S. Supreme Court ruling in AT&T v. Mobility a year ago. 
U.S. Dept. of Labor proposes child labor rules affecting agriculture By Craig J. Sondgeroth Agricultural Law, February 2012 The proposed rules were likely a result of recent child injuries and deaths in agriculture, including the 2010 deaths of two Illinoisans, ages 14 and 19.
Discharge for misconduct cuts off temporary total disability benefits By Michael R. Lied Labor and Employment Law, May 2009 A summary of the case of Interstate Scaffolding, Inc. v. The Workers’ Compensation Commission, et al.

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