He said, she said: Handling uncorroborated allegations of sexual harassmentBy Richard A. RussoLabor and Employment Law, June 2008While most of the general principles and steps for conducting an effective sexual harassment investigation apply to investigations involving uncorroborated allegations, there are a few additional issues that an employer should consider.
Immigration-related raids: Employer rights and lawful responsesBy Kristin LopezLaw Office Management and Economics, Standing Committee on, June 2008The key to minimizing civil penalties and criminal prosecution in connection with immigration raids is knowing how to respond and knowing what rights an employer has. This information is intended to give general guidelines about employer rights when faced with an unannounced immigration raid and is not a substitute for legal advice.
The no match letter—What employers need to knowBy Kevin Raica & Brent WikgrenLaw Office Management and Economics, Standing Committee on, June 2008This article guides employers through the no-match process by explaining the role of the SSA in issuing the no-match letter, the reasons for issuance of a no-match letter, and the timing and required response from employers under the current and proposed rules.
Navigating an unemployment claimBy Melissa Schroeder & Lisa CollinsLaw Office Management and Economics, Standing Committee on, May 2008The purpose of this article is to provide the general practitioner with a primer on procedures pertaining to the Illinois Department of Employment Security, unemployment hearings and the issues that surround them when terminating an employee.
Recent statutory developments in Illinois labor & employment lawBy Richard L. Samson & Matthew LevineLaw Office Management and Economics, Standing Committee on, April 2008This article discusses the amendment to the amendment to Illinois’ Right to Privacy in the Workplace Act, as well as most Illinois laws passed over the last several years affecting the employee-employer dynamic.
The ice person comethBy John F. FatinoInternational and Immigration Law, March 2008Increasingly, corporate counsel and other employment practitioners have become concerned about the enforcement activities of both the federal and state governments concerning the hiring of undocumented workers.
Employers beware: Illinois gives employees ticket to take discrimination claims to state courtBy Ellen M. GirardCorporate Law Departments, February 2008Major amendments to the Illinois Human Rights Act (“Act”) will give complainants the choice of taking their Illinois Department of Human Rights (“IDHR”) charges on to Illinois circuit courts – regardless of the outcome at the IDHR. Previously, complainants could only proceed before the Illinois Human Rights Commission (the “Commission”) – but only in cases where the IDHR found substantial evidence or did not timely complete its investigation.
Employer’s challenge to unemployment benefits may be evidence of unlawful retaliationBy Michael R. LiedLabor and Employment Law, February 2008In Burlington Northern & Santa Fe R.R. Co. v. White, ___ U.S. ___, 126 S. Ct. 2405 (2006), the Supreme Court held that an employee subjected to employer conduct, whether inside or outside the workplace, that might dissuade an objectively reasonable worker from making or supporting a charge of discrimination, suffers a sufficiently adverse action to state a retaliation claim under Title VII.
Improving HR service qualityBy Stanley J. Dale, MA, JDLabor and Employment Law, February 2008In case you didn’t get it from the title, HR Excellence is written for the Human Resource professional who wants to discern processes to improve and increase the value of HR services in organizations.
Private investigator’s actions lead to invasion of privacy claimBy Michael R. LiedLabor and Employment Law, February 2008Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Supreme Court decision a win for custodial parents and a warning to employersBy Christina M. WebbYoung Lawyers Division, February 2008On November 29, 2007, the Illinois Supreme Court held that a $1,172,100 penalty pursuant to Section 35(a) of the Income Withholding for Support Act was constitutional as applied to an Illinois employer who failed to forward income withheld for child support in a timely manner.
The ice person comethBy John F. FatinoCorporate Law Departments, January 2008Increasingly, corporate counsel and other employment practitioners have become concerned about the enforcement activities of both the federal and state governments concerning the hiring of undocumented workers.
Negotiating separation agreementsBy Michael R. LiedBusiness and Securities Law, January 2008Employers frequently seek to avoid or resolve litigation related to terminating an employee by having the other party sign a release or waiver.
Contacting an opponent’s employee and former employeesBy Mark RouleauCivil Practice and Procedure, December 2007This article addresses the scope of the attorney-client privilege with respect to counsel’s contact with employees of an opposing party.
Putting employers between a rock and a hard place with respect to verifying employment eligibilityBy Cindy G. BuysInternational and Immigration Law, December 2007Earlier this year, the Illinois legislature passed and Governor Blagojevich signed into law H.B. 1744, which puts employers in an even more difficult position with respect to verifying their employees’ eligibility to work. H.B. 1744 amends the Illinois Right to Privacy in the Workplace Act to prohibit employers “from enrolling in any Employment Eligibility Verification System, including the Basic Pilot Program, 8 U.S.C. 1324a, . . . until the Social Security Administration (SSA) and the Department of Homeland Security (DHS) databases are able to make a determination on 99 percent of the tentative nonconfirmation notices issued to employers within three days, unless otherwise required by federal law.”
Anti-Pretexting StatuteBy Michael R. LiedLabor and Employment Law, November 2007Hewlett-Packard’s Chairman, Patricia Dunn, was allegedly upset about leaks to the media about the company’s long term strategic plans. Hewlett-Packard retained an outside firm to gain access to its directors’ phone records, believing that one or more directors were the source of the leak.
Does a manager have to express happiness that a subordinate is pregnant?By Michael R. LiedLabor and Employment Law, August 2007Probably not. However, failure to do so was one issue considered significant in a pregnancy discrimination case. Asmo v. Keane, Inc., 471 F.3d 588 (6th Cir. 2006).
Accommodating the religious needs of employeesBy Mel MuskovitzBusiness Advice and Financial Planning, June 2007Over the past several years, the Equal Employment Opportunity Commission has received an increase in the number of charges alleging religious discrimination.
The complex world of calculating overtimeBy Jim McGrathCorporate Law Departments, June 2007In January of this year, the Wage and Hour Division of the U.S. Dept. of Labor announced a settlement with a private employer that is the largest settlement in their history.
Failure to insure contraceptives was not sex discriminationBy Michael R. LiedLabor and Employment Law, June 2007Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things. They excluded both male and female contraceptive methods, prescription and non- prescription, when used for the sole purpose of contraception. The health plans only covered contraception when medically necessary for a non-contraceptive purpose.
Mass flu outbreak: Employment implicationsBy Michael R. LiedLabor and Employment Law, June 2007Not “if” but “when.” According to the Director of the Centers for Disease Control (“CDC”), a pandemic, likely an influenza break- out, is inevitable. Some CDC recommendations have employment law implications. For example, if employees become ill, an obvious issue may be the need to satisfy Family and Medical Leave Act obligations. There may also be issues under the Occupational Safety and Health Act. There could be implications under the Fair Labor Standards Act for employees who are required to work from home. For employers with a union, there may be labor law issues.
Rights of veterans and duties of employers under federal and Illinois lawBy Joshua M. GrenardCorporate Law Departments, June 2007As the Global War on Terror continues in both Iraq and Afghanistan, civilian-soldiers of the Reserve and National Guard are being deployed on a historic scale with the effects being felt not only by the soldiers themselves, but also family members and employers.
