Lawsuit alleges “no-poach” agreement is antitrust violationBy Michael R. LiedLabor and Employment Law, January 2019Employers would be wise to consider abandoning no-poach agreements, particularly since antitrust damages can be very significant.
Top 10 OSHA citationsBy Michael R. LiedLabor and Employment Law, January 2019The top 10 Occupational Safety and Health Administration violations for the 2018 fiscal year.
Courts weigh in on judicial noticeBy Michael R. LiedFederal Civil Practice, December 2018Summaries of Khoja v. Orexigen Therapeutics, Inc. and In the Matter of Steven Robert Lisse, two recent cases that discuss the concept of judicial notice.
Illinois employers must soon reimburse some employee expendituresBy Michael R. LiedLabor and Employment Law, December 2018Effective January 1, 2019, the Illinois Wage Payment and Collection Act requires employers to reimburse employees for certain business related expenses incurred by the employees.
NLRB trims scrutiny of employee handbook rulesBy Michael R. LiedLabor and Employment Law, September 2018The National Labor Relations Board recently relaxed the Board's scrutiny of employee handbook policies.
Short FMLA-based breaks may not be compensableBy Michael R. LiedLabor and Employment Law, September 2018The U.S. Department of Labor issued an opinion regarding whether a non-exempt employee’s 15-minute rest breaks, which are certified by a health care provider as required every hour due to the employee’s serious health condition and are thus covered under the Family and Medical Leave Act, are compensable or non-compensable time under the Fair Labor Standards Act.
Removal bid founders for lack of Article III standingBy Michael R. LiedFederal Civil Practice, June 2018The Seventh Circuit provided a useful reminder about removal of a case to federal court in Collier and Seitz v. SP Plus Corporation, holding that it is improper for a defendant who removes a case based on federal question jurisdiction to subsequently file a motion to dismiss for lack of Article III standing.
Wage obligations of H-1B visa sponsorsBy Michael R. LiedInternational and Immigration Law, January 2018If an H-1B employee is in nonproductive status due to a decision by the employer, the employer is required to pay the employee’s salary. However, once there has been a bona fide termination of the employment relationship, the H-1B employee is no longer entitled to any further salary.
Negligent hiring and supervision in IllinoisBy Michael R. LiedLabor and Employment Law, December 2017A look at the recent cases of Susanna McNerney v. Muhtar Allamuradov, 303 TAXI, LLC, and Grand Transportation, Inc. and John Doe v. The Catholic Bishop of Chicago.
Taking FMLA leave does not guarantee reinstatementBy Michael R. LiedEmployee Benefits, December 2017Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Taking FMLA leave does not guarantee reinstatementBy Michael R. LiedLocal Government Law, November 2017Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Lawyers behaving badlyBy Michael R. LiedLabor and Employment Law, October 2017It’s a bad idea for lawyers to threaten to call immigration authorities to gain advantage over another party.
Taking FMLA leave does not guarantee reinstatementBy Michael R. LiedLabor and Employment Law, October 2017Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
New I-9 form and employer handbookBy Michael R. LiedInternational and Immigration Law, August 2017US Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017.
New I-9 form and employer handbookBy Michael R. LiedLabor and Employment Law, August 2017US Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017.
NLRB rulings impede employer investigationsBy Michael R. LiedLabor and Employment Law, April 2017In Banner Health System, a majority of the NLRB Panel found that a Human Resources Consultant JoAnn Odell unlawfully requested employees who were involved in a workplace investigation not to discuss the matter with their coworkers while the investigation was ongoing.
Court parses Human Rights Act jury instructionsBy Michael R. LiedLabor and Employment Law, March 2017The case of Schnitker v. Springfield Urban League, Inc. proves it is always helpful to read a decision that addresses jury instructions, particularly where there are no pattern instructions.
Office of Special Counsel provides discrimination guidanceBy Michael R. LiedInternational and Immigration Law, February 2017In determining whether a violation has occurred, the Office of the Chief Administrative Hearing Officer, the adjudicative body that hears cases arising under the INA’s anti-discrimination provision, looks to relevant case law of the federal circuit in which the claim arises.
OK to ask applicants if they need immigration sponsorshipBy Michael R. LiedInternational and Immigration Law, October 2016An employer that asks questions designed to prefer certain classes of nonimmigrant visa holders (e.g., STEM OPT students) over other classes of nonimmigrant visa holders is unlikely to violate the INA’s prohibition against citizenship status discrimination.
The Defend Trade Secrets Act—New employer rights and responsibilitiesBy Michael R. LiedLabor and Employment Law, September 2016Businesses now can bring trade secret claims under federal as well as state law and can litigate trade secret claims in federal court without having to establish another basis for jurisdiction.
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