Labor & Employment

The newsletter of the ISBA’s Section on Labor & Employment Law

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2016 Articles

2016 legislation By David Krchak December 2016 There were two new statutes affecting Illinois employers and employees passed in the most recent session of the legislature and signed into law by Governor Rauner. There were also three acts which were amended during 2016.
1 comment (Most recent December 20, 2016)
Abood v. Detroit Bd. Of Education survives…for now? By Carlos Arevalo April 2016 Had the Supreme Court overturned Abood, it would have had a profound impact across the Country’s 25 states that permit compulsory “fair share” for teachers, firefighters, police and other public workers. 
Class action waivers in employment arbitration agreements unenforceable: Seventh Circuit decision creates Circuit split By Jon D. Hoag September 2016 In its decision in Lewis v. Epic Systems Corporation, provides clear guidance to employers within the Seventh Circuit’s jurisdiction that employment arbitration agreements with class action waivers are no longer enforceable. However, this issue of law will remain uncertain in other jurisdictions until the Supreme Court addresses the split, or until the NLRB Board changes members and overturns the position taken in D.R. Horton.
Court affirms fee award under Human Rights Act By Michael R. Lied September 2016 A summary of Mendez v. The Town of Cicero.
The Defend Trade Secrets Act—New employer rights and responsibilities By Michael R. Lied September 2016 Businesses 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.
Drug-testing after workplace injuries: Illinois Workers’ Compensation Act likely not a workaround to new OSHA rule By Philip Jeffrey Pence December 2016 As of August 10, 2016, employers may no longer use blanket or automatic drug-testing policies after workplace injuries occur if the policy can be seen as an adverse action against the employee reporting the injury.
Employer not entitled to injunction against former employee By Michael R. Lied February 2016 An overview of the recent case of Capstone Financial Advisors Inc. v. Plywaczynski.
Employers’ rights to conduct pre-employment testing under the Americans with Disabilities Act By Terrance B. McGann April 2016 While pre-employment testing presents challenges to a wide range of state and federal laws, this article addresses the intersection between an employer’s right to test employment candidates and the guidelines under the Americans with Disabilities Act
Illinois Human Rights Commission decision summary February 2016 A summary of John D. Terry and Watts Copy Systems.
New overtime rule impacts exempt employees By Donald S. Rothschild & Brian M. Dougherty September 2016 On May 18, 2016, the U.S. Department of Labor issued its Final Rule which made significant changes to EAP and HC employees’ salary and compensation levels. The Final Rule did not make any changes to the salary basis test or duties test. The Final Rule becomes effective on December 1, 2016.
OSHA developments: Electronic records, drug testing, and drastically increased penalties By Michael R. Lied September 2016 A look at OSHA's new rule changes.
Replacing American workers with foreign workers may be discrimination By Michael R. Lied April 2016 The INA’s anti-discrimination provision only prohibits intentional discrimination. This means that to engage in unlawful citizenship status discrimination, an employer must have acted “because of” citizenship or immigration status.
Required exhaustion of remedies in discrimination cases: Good-faith attempts and bureaucratic inaction can be fatal to a claim By Carl R. Draper December 2016 Recently, the United States Court of Appeals for the Seventh Circuit decided Carlson v. Christian Brothers Services, which gave a sharp identification of the exacting nature of the exhaustion requirement.
2 comments (Most recent December 21, 2016)
Right-to-work: Winning the race to the bottom By Paul A. Prendergast & James S. Shovlin April 2016 An argument in opposition to right to work laws.
A short summary of Ortiz v. Werner Enterprises, Inc., 2016 WL 4411434 (7th Cir. 2016) By Kathryn E. Eisenhart December 2016 This opinion is important because it clarifies methods used to determine whether proscribed discrimination has led to adverse employment action.
Supreme Court rulings to watch By Carl R. Draper February 2016 The United States Supreme Court has granted certiorari in a couple of labor and employment cases that will be worth noting for all lawyers practicing employment law.
U.S. Supreme Court finds security screenings not compensable under the FLSA By Jon D. Hoag February 2016 While the holding in Integrity Staffing is certainly a win for employers, mismanagement of preliminary or postiliminary requirements could lead to union organizing, demands, or other pressure.
Use of third-party litigation exception to American Rule to recover attorney fees in enforcement of non-competition agreement By Richard A. Russo April 2016 Employers seeking to enforce a non-competition agreement may still be able to recover their attorney fees by pursuing a tortious interference claim against the third party employing the former employee in violation of the non-competition agreement.