Employer bears burden of proving supervisory status in NLRB proceedingBy Michael R. LiedLabor and Employment Law, November 2001A labor law issue which comes up with some frequency is whether certain individuals are employees--and therefore entitled to the protections of the National Labor Relations Act, or supervisors, who are usually excluded from such protection.
Expert witnesses cannot testify to standard of conduct in a fiduciary duty caseBy Michael R. LiedLabor and Employment Law, November 2001LID Associates, et al. v. Charles F. Dolan, et al., 2001 Ill. App. LEXIS 683 (1st Dist. Aug. 30, 2001), involved claims by a number of limited partner investors in Cablevision of Chicago against general partner, Charles F. Dolen and Cablevisions Systems Services Corporation for breach of fiduciary duty involving three financing transactions.
Nursing mothers to be accommodatedBy Alisa B. ArnoffLabor and Employment Law, November 2001A new law effective July 12, 2001 requires covered employers to provide nursing mothers with unpaid break time to express breast milk.
Seventh Circuit partially closes the FLSA “window of correction”By Michael R. LiedLabor and Employment Law, June 2001To be exempt from entitlement to overtime pay under the Fair Labor Standards Act, an employee must usually meet certain job duties tests, as an executive, administrative or professional employee, and also be paid on a salaried basis.
Supreme Court rules cap on damages not applicable to front payBy Michael R. LiedLabor and Employment Law, June 2001In the Civil Rights Act of 1991, Congress expanded the remedies available to Plaintiffs alleging discrimination--for the first time allowing compensatory and punitive damages.
Employment law updateBy Donald R. Tracy & Catherine A. DeGenova-CarterLabor and Employment Law, February 20011. Sinkler v. Mid-West Property Management, 209 F.3d 678 (7th Cir. 2000). The Seventh Circuit held that an individual's driving phobia was not sufficiently limiting to qualify as a disability.
Do you create a “precedent” by giving severance pay?By Michael R. LiedLabor and Employment Law, December 2000Business people sometimes wonder if giving one employee severance pay creates a legal duty to provide severance pay to other employees.
Private companies must permit nonunion employees predisciplinary hearingsBy Elaine MassockLabor and Employment Law, September 2000On July 10, 2000, the National Labor Relations Board (NLRB) decided a case called Epilepsy Foundation of Northeast Ohio, applying what is known as the "Weingarten rule" to employees in non-unionized workplaces.
A break for IDHR complainants?By Donald S. Rothschild & Richard F. Bruen, Jr.Labor and Employment Law, April 2000Cooper v. Salazar is a class action lawsuit now pending before the U.S. District Court of the Northern District of Illinois, before Judge Milton I. Shadur. Plaintiffs are alleging that certain 1996 amendments to the Illinois Human Rights Act ("IHRA") violate the Due Process Clause of the 14th Amendment.
Seventh Circuit provides “safe harbor” language for benefit plansBy Michael R. LiedLabor and Employment Law, April 2000In late February, the United States Court of Appeals for the Seventh Circuit issued an important decision relating to employee benefit plans.
Recent Illinois Human Rights Commission decisionsBy Michael R. LiedLabor and Employment Law, June 1999In Matter of Nancy L. Christensen and First State Bank of Walnut, Charge No. 1991 CA 1980, ALS No. 6185 (March 25, 1999), complainant alleged she was terminated based on her age.
Recent Human Rights Commission decisionsBy Michael R. LiedLabor and Employment Law, March 1999In Matter of Stanley Clark and Rodriguez and Villalobos, Charge No. 1992 CA 0945, ALS No. 7087 (May 29, 1998), complainant alleged he was discriminated against based on his national origin, non-Hispanic, and age. Respondent law firm asserted complainant was terminated because of poor job performance.
Minutes of section council meetingLabor and Employment Law, February 1999The Midyear Meeting of the ISBA Labor and Employment Law Section Council was called to order at 4:30 p.m. at the Sheraton Hotel in Chicago by Mr. David Krchak, chair. The following members were present:
