Company whisteleblowers get new incentives and protectionsBy Gregory G. ThiessCorporate Law Departments, December 2010The recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act extends Sarbanes-Oxley whistleblower protections to some private companies.
NFL’s labor fight predicted to be expensiveBy Margaret NunneAlternative Dispute Resolution, December 2010If the owners and the NFL Players Association are unable to come to an agreement, it would mean the first work stoppage since 1987.
Recent Supreme Court decisions in employment law: New Process Steel, LP v. NLRB & City of Ontario v. QuonBy Ryan Wangler & Eric WudtkeBench and Bar, December 2010In New Process Steel, the Court examined the validity of decisions rendered by a two- rather than a three-person National Labor Relations Board (“NLRB”) panel. In Quon, the Court evaluated the extent of a government employee’s Fourth Amendment rights regarding searches by his government employer.
Court authorizes employee-by-employee safety penaltiesBy Michael R. LiedLabor and Employment Law, October 2010Recent changes to OSHA clarify that an employer who fails to provide its employees with respirators or workplace training faces not just one violation, but violations for each employee affected.
The Erie rule as applied in Gacek v. American Airlines, Inc.By Zeke McCartneyCorporate Law Departments, October 2010The court in Gacekheld that when a retaliatory discharge case governed by state law is litigated in a federal court, the federal court must apply the state standard to a motion for summary judgment.
Credit history pre-employment checks proscribed by new Illinois ActBy Frank M. GrenardCorporate Law Departments, September 2010The Credit Privacy Act, effective January 1, 2011, prohibits employers from, among other things, ordering a prospective employee's credit report and using it as a reason not to hire.
Are your computer employees exempt from overtime?By Betsy JohnsonCorporate Law Departments, August 2010The consequences of misclassifying an employee under the Fair Labor Standards Act can be very significant to employers’ business models and can be very costly.
Rutan v. Republican Party-based challenge will finally get a court hearingBy William A. PriceAdministrative Law, August 2010The Rutan ruling, which grew out of state government practices in Illinois, made it illegal to base government hiring and promotion decisions based on politics, except for policy-making positions.
Employer’s media policy violates labor lawBy Michael R. LiedLabor and Employment Law, July 2010An examination of Trump Marina Associates, LLC, in which an employer was found to have violated the National Labor Relations Act by maintaining and enforcing unlawfully broad rules regarding employees and their dealings with the media.
False claims law: What employment attorneys need to knowBy Ronald B. SchwartzLabor and Employment Law, July 2010Labor and employment law lawyers who represent employees should have sufficient knowledge of the Federal False Claims Act to be able to spot potential qui tam Relator cases.
Representing gender-variant people in claims of employment discrimination by private employersBy Joanie Rae WimmerLabor and Employment Law, July 2010The law in this area is rapidly developing and in flux. And because of applicable fee-shifting statutes, representing gender variant people in employment discrimination claims is an opportunity for Illinois practitioners both to work in an exciting and developing area of the law, and, to be compensated adequately for their work.
The Impact of Health Care Reform in 2010-2011By Bernard G. PeterCorporate Law Departments, June 2010A discussion of legislative changes that will affect employers and employer-sponsored group health plans beginning 2010 and 2011.
Pay your law firm employees properly or risk falling into a financial snakepitBy James B. ZourasAdministrative Law, May 2010What may begin as a simple misunderstanding—a poorly-handled layoff or even a workers’ compensation matter—can turn into an unexpected and costly nightmare for the employer. As is often the case, a small nugget of prevention can equal a goldmine of cure.
Court upholds bonus forfeiture for going to work for competitorBy Michael R. LiedLabor and Employment Law, April 2010This decision provides employers in Illinois a possible way to discourage employees from going into competition without the need to seek enforcement of a noncompete agreement.
EEOC beats back challenge to its jurisdiction to issue administrative subpoenasBy Paul E. FreehlingLabor and Employment Law, April 2010An employer has a greater chance of persuading a federal appeals court to hold part or all of an EEOC administrative subpoena by showing that compliance would be unduly burdensome, rather than arguing the subpoena is outside the EEOC's jurisdiction.
Return-to-work evaluation is medical exam under ADABy Michael R. LiedLabor and Employment Law, April 2010Employers intending to use a return-to-work examination must determine whether the EEOC's seven factors suggest that the examination is in fact a medical examination. If so, the examination must be justified as job related, and backed by business necessity.
The hiring process—Legal considerationsBy Michael R. LiedLaw Office Management and Economics, Standing Committee on, March 2010Some highlights of the law of hiring and employment-- A must-read for any attorney who is also an employer.
A commentary on guns at workBy Jim McGrathCorporate Law Departments, February 2010Today Illinois and Wisconsin are the only states that do not permit some form of carrying a concealed firearm, and each year bills are introduced in the Illinois legislature that would permit concealed carrying, but have not yet seen the light of day. But, in March 2009, more than 5,100 gun owners marched in Springfield to demand a right to carry a concealed weapon, and plan on doing it again in March 2010, and until a law is finally passed.
Retailer crowd control—OSHA steps into the pictureBy Frank M. GrenardCorporate Law Departments, February 2010In 2008, a Wal-Mart employee died after being knocked down and trampled by a crowd of “Black Friday” shoppers in New York. In July of 2009, the Occupational Health and Safety Administration (“OSHA”) cited Wal-Mart, claiming it should have foreseen the possibility that crowds of shoppers could crush employees and it proposed a $7,000 fine, the maximum penalty amount for a serious violation.
Editorial commentBy J.A. SebastianAdministrative Law, January 2010Discussed at length in the December Illinois Bar Journal (vol. 97 at page 636) (“Yes” to Nonlawyers in Illinois Administrative Adjudications, by Jeffrey A. Parness) is an Illinois Appellate Court, First District, Fourth Division, case, Grafner v. Department of Employment Security, found at the court’s Web site as No. 1-08-1858 (released August 6, 2009); 2009 WL 242420 (1st D 2009).
Employers asking for employee passwords for private Web sites like Facebook and TwitterBy Peter LaSorsaLegal Technology, Standing Committee on, January 2010Scenario: Prospective employee arrives at the interview and is asked to give a list of the private Web sites he has along with the passwords so the company can review before hiring. Is this legal?
Headquarters’ headaches—Extraterritoriality and the courtsBy Douglas A. Darch & Miriam GeraghtyLabor and Employment Law, January 2010The mobility of workers and the dispersion of employment sites has generated a new issue for employers—which state’s law controls an employment relationship and in which state may an aggrieved employee file suit against his or her employer when the employer conducts business in multiple states.
Employee’s affidavit insufficient to defeat employer’s motion for summary judgmentLabor and Employment Law, December 2009Employee-side practitioners should use this as a cautionary note to avoid extraneous allegations of bias in such actions, and employer-side practitioners should be mindful of the ability to use such extraneous allegations to argue against allegations of discriminatory-based bias.
Pay your law firm employees properly or risk falling into a financial snakepitBy James B. ZourasLaw Office Management and Economics, Standing Committee on, December 2009As wage-and-hour practitioners who have represented thousands of employees in actions against employers of every size, from multi-billion-dollar corporations to small businesses, our firm is well-versed on the ways employers violate the labor laws.
Reference release overcomes tortious interference claimBy Michael R. LiedLabor and Employment Law, December 2009Under Illinois law, if a written release is clear and unambiguous, the court determines the parties’ intent from the plain language of the document.
Can I review my boss?By Melissa Schroeder & Toby PauloseLaw Office Management and Economics, Standing Committee on, October 2009The answer to that question is, YES!
