Subject Index Employment Law

POAs in paradise, severance agreements and unemployment compensation

September
2014
Column
, Page 449
Is an Illinois POA for property valid in Florida? That and more gleaned from ISBA discussion groups.

The Benefits of Settling Workers’ Compensation and Employment Claims Together

By Mark Wilkinson & Susan Garver
July
2014
Article
, Page 340
Settling workers' compensation and employment-related claims together can benefit both employers and workers, but it takes careful planning to make it work.

Employer has no duty to bargain on recent pension changes

July
2014
Illinois Law Update
, Page 320
Under the recently amended Illinois Public Labor Relations Act, employers have no affirmative duty to bargain with employees for matters regarding changes, impact of changes, and implementation of changes made to Articles 14, 15, and 16 of the Illinois Pension Code.

Unionized college football - is a Wildcat strike on the way?

By Janan Hanna
June
2014
LawPulse
, Page 266
What might the NLRB ruling in favor of Northwestern football players seeking to unionize mean for the players - and for collegiate sports? Lawyers for labor and management opine.

The Tipping Point: The End of Automatic Gratuities?

By Brian Roth
May
2014
Article
, Page 230
Many restaurants impose a set gratuity on large groups to make sure servers get their fair share. But a new IRS ruling classifies automatic gratuities as service charges, not tips.

Helping Employers Avoid Harassment and Retaliation Claims

By Daniel Myerson
April
2014
Article
, Page 188
A clear chain of command and well-drafted anti-harassment policies can help employers ward off retaliation and hostile work environment claims.

Medical Marijuana Comes to Illinois

By Ed Finkel
April
2014
Cover Story
, Page 172
What will the Medical Cannabis Act mean for patients? For employers? Others? Prepare to advise clients about what some are calling the most restrictive medical marijuana law in the country.

Mixed-motive claims: alive and well under the Illinois Human Rights Act?

By Nicholas Biersbach
April
2014
Article
, Page 191
It isn't clear whether federal rulings limiting mixed-motive claims will influence state courts' interpretation of the Illinois Human Rights Act.

New administrative fee amounts for employers ordered to pay unpaid wages to employees

April
2014
Illinois Law Update
, Page 168
The Illinois Wage Payment and Collections Act has been amended to modify calculation of the non-waivable administrative fee amount that an employer is required to pay when ordered by the Department of Labor or a court to pay unpaid wages or other compensation to an employee.

Unpaid future compensation under an employment contract is not recoverable under the Illinois Wage Payment and Collection Act

February
2014
Illinois Law Update
, Page 68
On November 22, 2013, the Illinois First District Appellate Court held that unpaid future wages do not constitute "final compensation" recoverable by an employee under the Illinois Wage Payment and Collection Act (the "Act"), 820 ILCS 115/1 et seq. (West 2006).

Non-competes, medical marijuana

January
2014
Column
, Page 50
New statutory and case law could affect employers' workplace policies.

Temporary employee injured in office parking lot sustained injuries in the course of and arising out of her employment

January
2014
Illinois Law Update
, Page 16
On November 14, 2013, the Illinois Appellate Court for the Fourth District held that a temporary employee who is assigned a parking space in a parking lot designated for employees, and is then injured in that parking lot on her way to work, has sustained injuries that arose in the course of and out of her employment.

Workplace Social Media Policies That Work

By Angela S. McQuage
January
2014
Article
, Page 32
Employers understandably want to create policies limiting employees' social media posts about company business. But the NLRA imposes some surprising limits.

The Perils of Unpaid Internships

By Christopher Keleher
December
2013
Article
, Page 626
As courts grapple with whether unpaid internships violate minimum wage laws, businesses - including law firms - should review their programs.

“Professional account” exception to the Right to Privacy in the Workplace Act

December
2013
Illinois Law Update
, Page 612
Under the Right to Privacy in the Workplace Act, an employer may not request an employee or prospective employee to disclose passwords or account information concerning his or her private social networking accounts.

Non-Traditional Non-Competes: Designing Non-Competition Agreements to Hold Up in Court

By Kenneth J. Vanko
November
2013
Article
, Page 568
Lawyers for business seeking to restrict competition by ex-employees should consider creative options designed to stand up better to judicial scrutiny.
1 comment (Most recent November 20, 2013)

Employers and Concealed Carry; Mortgage Scams

October
2013
Column
, Page 535
It's time for employers to start designing workplace rules to accommodate concealed carry.

Employee or Independent Contractor?

By Mark S. Mathewson
August
2013
Column
, Page 429
An ISBA CLE program helps general practitioners distinguish the two.

Workers’ Comp and Temporary or ‘Borrowed’ Workers

By James P. Looby
August
2013
Article
, Page 426
With more employers turning to staffing agencies, determining who the real employer is and isn't - and thus whom the worker might be able to sue in civil court - is trickier than ever.

Employers and Immigration Law: Be Careful Who You Hire - and Who You Don’t

By Douglas A. Hass
July
2013
Article
, Page 360
Employers are barred from hiring people not legally authorized to work in the U.S. They're also forbidden from discriminating against noncitizens. Here's how they can avoid the squeeze.
1 comment (Most recent July 9, 2013)

Employers barred from requesting social media passwords. PA 097-0875

May
2013
Illinois Law Update
, Page 228
Illinois employers are now prohibited from requesting or requiring password or account information or demanding access to employees' or prospective employees' social networking profiles. 820 ILCS 55/10.

Task Force receives an extension on its employment discrimination report. PA 097-1132

May
2013
Illinois Law Update
, Page 228
Illinois lawmakers have extended the deadline for the Task Force on Inventorying Employment Restrictions's report to the Illinois Governor and General Assembly. 20 ILCS 5000/15.

The Tougher, Broader Illinois Prevailing Wage Act

By Kara M. Pomerantz Principe
January
2013
Article
, Page 42
Counsel to contractors, governmental bodies, and workers take note: recent changes to the Illinois Prevailing Wage Act and the law interpreting it have broadened its reach and toughened requirements and penalties. Find out what it means for your clients.

Agents who permit their employer to evade final judgments are treated as employer. PA 097-0903

November
2012
Illinois Law Update
, Page 580
The Equal Pay Act of 2003 has been amended to introduce section 27 (820 ILCS 112/27 new).

Noncompetition and nonsolicitation covenants ruled enforceable

October
2012
Illinois Law Update
, Page 520
On July 17, 2012, the fourth district appellate court held as a matter of law that noncompetition and nonsolicitation covenants between a tax preparation service and tax preparer for two and one years, respectively, were enforceable even if the tax preparer only agreed to work for 104 days.

After Ervin: How Combined Actions Will Affect Wage and Hour Class Litigation in Illinois

By Nicholas P. Cholis
August
2012
Article
, Page 430
In 2011, the seventh circuit gave employee plaintiffs a powerful weapon by holding that an FLSA collective action and a state wage and hour class action may be joined in a single action.

Employment and Labor Law Resources for Illinois Attorneys

By Tom Gaylord
July
2012
Column
, Page 382
Illinois-specific resources for labor and employment lawyers.

Proposal would stop employers from seeking social network passwords

By Adam W. Lasker
May
2012
LawPulse
, Page 234
Proposed legislation would forbid employers from asking for employees' and job applicants' social-media passwords, but some lawyers argue for a public-safety exception.

Enforcing Non-Compete Clauses in Illinois after Reliable Fire

By Kelly M. Greco, David J. Fish, & Shannon Barnaby
April
2012
Article
, Page 196
A look at enforcing restrictive covenants in the wake of the Illinois Supreme Court's Reliable Fire ruling, complete with practice tips for lawyers on both sides of a non-compete case.
1 comment (Most recent August 2, 2014)

The Virtual Water Cooler: Limits on Firing Employees for Work-Related Facebook Posts

By Charles J. Muhl
March
2012
Cover Story
, Page 136
An employee complains on Facebook about her workplace. Obviously she can be fired or otherwise disciplined, right? Don't be so sure.

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