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2014 Articles

Appeals court enforces NLRB decision on confidentiality policy By Michael R. Lied September 2014 A synopsis of Flex Frac Logistics, L.L.C. v. National Labor Relations Board.
Appeals court enforces NLRB decision on confidentiality policy May 2014 A look at Flex Frac Logistics, L.L.C. v. National Labor Relations Board.
Ban the Box Law will soon apply to small Chicago employers By E. Jason Tremblay December 2014 On November 5, 2014, the Chicago City Council approved an ordinance that effectively makes the recently-passed Illinois’ Job Opportunities for Qualified Applicants Act (commonly known as the Ban the Box Law) apply to Chicago employers with fewer than 15 employees.
Constitutional challenges made to the Pension Reform Act By Aaron B. Maduff October 2014 This article starts with a discussion of the state of the law prior to the Constitutional Convention of 1970 and what led to the addition of the Pension Protection Clause in the Illinois Constitution. It then proceeds to discuss the various challenges made to the law, and finally provides an update on the status of the suits, including the order of injunctive relief entered by the Court on May 14, 2014.
Constructive voluntary resignations and failure to maintain tool of the trade: Toward a simpler rule By Cathy A. Pilkington September 2014 The author advocates for simplification in this complex area of the law. 
Did the Illinois concealed carry law really change anything for employers? By Mark S. Wilkinson March 2014 Ultimately, the courts may need to add another chapter to the concealed carry litigation saga and provide guidance about what the Firearm Concealed Carry Act did (if anything) to an employer’s ability to prohibit guns at work.
Employers beware: The emerging anti-bullying/non-discriminatory hostile work environment claim By Richard A. Russo March 2014 Although the Act, and similar anti-bullying bills considered by 24 state legislatures, were not enacted into law, there is sure to be other attempts in the near future to introduce anti-bullying legislation similar to the Act and modeled after the Healthy Workplace Bill. As such, this emerging area of law is one that employers need to continue to keep an eye on.
Extended leave of absence is not a reasonable accommodation By Michael R. Lied December 2014 A summary of Hwang v. Kansas State University, ___ F.3d ___, 2014 WL 2212071(10th Cir. 2014),
Illinois employers can demand drug and alcohol testing and avoid losing a retaliatory discharge claim so long as the policy is applied in a non-discriminatory manner By Deborah A. Benzing May 2014 The Jeff Phillips v. Continental Tire The Americas, LLC decision affirms employers’ rights to drug and alcohol testing in Illinois and specifically reiterates that such testing is not against public policy.
Illinois Human Rights Commission decision summaries By Laura D. Mruk December 2014 Recent cases of interest to labor and employment law practitioners.
Illinois Human Rights Commission decision summaries By Laura D. Mruk October 2014 Recent cases of interest to labor & employment law practitioners.
Illinois unemployment cases—An overview of the process By Donald S. Rothschild & Brian M. Dougherty March 2014 A basic primer of the unemployment claims procedure in Illinois.
Is “pofluenza” a future protected category to The Illinois Human Rights Act? By Peter LaSorsa January 2014 People in areas that are less affluent are more likely to have lower credit scores and other negative background information in their files. Given two prospective employees with the same four-year degree and level of work experience, the credit report and background check may be the deciding factor in hiring.
Labor law for the employment lawyer By Mark Wilkinson & Josh Meeuwse June 2014 An overview of the fundamental labor law concepts.
The new Illinois Job Opportunities for Qualified Applicants Act By Michael R. Lied September 2014 This new Act prohibits an employer or employment agency from inquiring about, considering, or requiring disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that he or she has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made.
New NLRB Notice format By Michael R. Lied June 2014 In Durham School Services, L.P., 360 NLRB No. 85 (2014) The National Labor Relations Board took another step into the future.
NLRB General Counsel identifies issues of interest By Michael R. Lied June 2014 In MEMORANDUM GC 14-0, issued February 25, 2014, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board, provided a list of matters that should be submitted to the Division of Advice.
OSHA developments By Michael R. Lied January 2014 Recent updates items of interest to labor & employment practitioners. 
OSHA’S 10 most frequently cited standards for Fiscal Year 2013 By Michael R. Lied March 2014 A table identifying the most cited standards.
Police and fire discharge: Arbitration vs. commission—What does the collective bargaining agreement say? By Carlos S. Arévalo 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.
Unsuccessful appeal subjected plaintiff’s attorney to possible sanctions By Michael R. Lied May 2014 A summary of the recent case of Bass v. Joliet Public School Dist. No. 86.
Workplace Violence Protection Act in context By David Krchak January 2014 The Workplace Violence Prevention Act expands the circle of potential protection under orders of protection to almost any employed person in society.