Section Newsletters

Articles From Glenn R. Gaffney

Court affirms that ‘disability harassment’ constitutes unlawful discrimination: A confirmation that certain truths are self-evident By Jolianne S. Walters & Glenn R. Gaffney Labor and Employment Law, March 2017 Despite the Second District’s analysis and findings in Rozsavolgyi v. City of Aurora,, the City has moved to appeal to the Illinois Supreme Court, where it is currently pending.
Being locked up does not mean being locked out from medical care for serious medical needs which ARE protected by the eighth amendment right to be free from cruel and unusual punishment By Glenn R. Gaffney & Jolianne S. Walters Human and Civil Rights, December 2016 While cruel and unusual punishment can take many forms, the deliberate indifference to an inmate’s serious medical condition presents one of the more egregious and often-encountered violations of an inmate’s Eighth Amendment rights.
The evolving and murky world of ERISA damages . . . . I mean equitable remedies By Glenn R. Gaffney Federal Civil Practice, March 2013 This article outlines the court’s evolving use of equitable terms and concepts so as to provide jilted plan beneficiaries with make-whole relief resulting in a monetary judgment under ERISA’s statutory provision of “other appropriate equitable relief.”
1 comment (Most recent March 13, 2013)
Letter from the Chair By Glenn R. Gaffney Federal Civil Practice, September 2012 A message from Section Chair Glenn Gaffney.
Double whammy—Employers engaged in systematic wage theft best beware By Glenn R. Gaffney Federal Civil Practice, June 2011 A January, 2011 Seventh Circuit Court of Appeals decision now allows plaintiff class action lawyers to combine FLSA collective “opt-in” actions with state law “opt-out” class actions.
New amendments to Rule 26 limit discovery of experts and their lawyers By Glenn R. Gaffney Labor and Employment Law, June 2011 Important amendments to Federal Rule of Civil Procedure 26 became effective December 1, 2010.
Illegal aliens and the balancing of immigration reform with the “in terrorem” effect By Glenn R. Gaffney Labor and Employment Law, May 2011 A look at some of the “undocumented worker” issues raised in state and federal courts, as well as the “in terrorem” effect of a defendant’s inquiry into an illegal alien’s status.
Double whammy—Employers engaged in systematic wage theft best beware By Glenn R. Gaffney Labor and Employment Law, March 2011 Effective January 1, 2011, new amendments to the Illinois Wage Payment and Collection Act establish a two percent penalty of the unpaid wages due an employee for each month of underpaymen, and also now provides that employees need not file a claim with the Department of Labor prior to filing a private right of action.
Plaintiff’s motion for remand after defendant’s diversity jurisdiction removal By Glenn R. Gaffney Federal Civil Practice, December 2007 For those trying to avoid Federal jurisdiction, the law is on your side.
Corporate attorneys and claims of privilege By Glenn R. Gaffney Federal Civil Practice, June 2007 In today’s Fortune 500 companies, many of which have a presence in the State of Illinois, lawyers perform a variety of roles, including but clearly not limited to, that of corporate counsel.
Department of Employment Security raises the hourly rate for attorneys representing claimants By Glenn R. Gaffney Labor and Employment Law, October 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Someone you should know: Recently appointed Northern District of Illinois United States Magistrate Jeffrey Cole By Glenn R. Gaffney Labor and Employment Law, October 2005 Jeffrey Cole was installed as United States Magistrate, Northern District of Illinois on June 16, 2005.
Someone you should know: Recently appointed Northern District of Illinois United States Magistrate Jeffrey Cole By Glenn R. Gaffney Federal Civil Practice, September 2005 Jeffrey Cole was installed as United States Magistrate, Northern District of Illinois on June 16, 2005.
Department of Employment Security Raises the Hourly Rate for Attorneys Representing Claimants By Glenn R. Gaffney Labor and Employment Law, July 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Proposed unemployment changes could economically benefit lawyers By Glenn R. Gaffney Administrative Law, April 2005 As per the request of Ole Bly Pace III, the following is the “practical idea” which would help members of the Labor and Employment Law Section to improve their earning power as lawyers:
SB 1492-Right to sue legislation fails in the House By Glenn R. Gaffney Labor and Employment Law, November 2003 The ISBA Labor & Employment Law Section Council previously resolved to support the concept of proposed legislation which would amend the Illinois Human Rights Act so as to allow complainants the right to file suit in circuit court for an employment action (Article 2) under the Illinois Human Rights Act.
SB 266 modifies Unemployment Insurance Act attorney fee provision By Glenn R. Gaffney Labor and Employment Law, November 2003 Section 1200 of the Illinois Employment Insurance Act (820 ILCS 405/1200), entitled "compensation of attorneys," provides that an individual claiming benefits in a proceeding before the IDES or the Board of Review can be represented by counsel but that the fee charged can be no more than an amount approved by the Board of Review or by the Director.
Seventh Circuit upholds Title VII Laches defense By Glenn R. Gaffney Labor and Employment Law, November 2003 In National RR Passenger Corp v. Morgan, 536 US 101, 122 S.Ct. 2061 (2002) , the United States Supreme Court clarified and expanded the "continuing violation doctrine."
Seventh Circuit voids arbitration agreement requiring plaintiff to pay his own costs and attorney fees By Glenn R. Gaffney Labor and Employment Law, July 2002 On April 4, 2002, the Seventh Circuit Court of Appeals in the case of McCaskill v. SCI Management Corp., 285 F. 3d 623 ( 7th Cir. 2002) struck as unenforceable an arbitration agreement which required the plaintiff to pay her own costs and attorney fees in a Title VII action.
District court issues permanent injunction against Illinois Department of Human Rights By Glenn R. Gaffney Labor and Employment Law, May 2002 In Cooper v. Salazar, 2001 U.S. Dist. LEXIS 17952 (N.D. Ill. Nov. 01), U.S. District Court Judge Milton Shadur issued a permanent injunction against the Illinois Department of Human Rights, with terms including:
Circuit City v. Adams: the battle over arbitration agreements rages on By Glenn R. Gaffney & Justin Gaffney Labor and Employment Law, April 2002 In Circuit City Stores, Inc. v. Adams, 121 S.Ct. 1302 (2001), the U.S. Supreme Court held that the Federal Arbitration Act (FAA), 9 USC § 1 et seq. is applicable to employment agreements.
Section council resolves to support right-to-sue legislative amendment to Illinois Human Rights Act By Glenn R. Gaffney Labor and Employment Law, March 2002 The ISBA's Labor and Employment Law Section Council has resolved to support the concept of proposed legislation which would amend the Illinois Human Rights Act so as to allow complainants the right to file suit in circuit court.
IDES report By Glenn R. Gaffney Labor and Employment Law, June 2001 Our proposed legislation to repeal the statute making it a Class A misdemeanor for an attorney to charge a fee on behalf of a claimant before the Illinois Department of Employment Security (HB 812) was sponsored by Jay C. Hoffman (D), 112th Representative District, 126 Vandalia, Suite 1, Collinsville, Illinois 62234 (618-345-2176).
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

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