Labor & Employment

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

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2019 Articles

Can Illinois Limit Mandatory Arbitration Provisions? By Michael R. Lied October 2019 The Illinois Workplace Transparency Act goes into effect on January 1. Among other things, it purports to put a number of limits on mandatory arbitration agreements imposed by employers.
Commissions or bonuses? It makes a difference By Michael R. Lied February 2019 A summary of Daryl Sutula-Johnson v. Office Depot, Inc.
Court addresses retaliatory discharge under Wage Payment Act By Michael R. Lied May 2019 A summary of Karin Williams v. Keystone Peer Review Org., Inc., & Denise Rinell.
Court adopts successor liability theory under Illinois Human Rights Act By Michael R. Lied May 2019 A summary of People ex rel. Department of Human Rights v. Oakridge Nursing & Rehab Center.
Did the Parties Agree to Arbitrate Their Disputes? By Michael R. Lied October 2019 A recent federal appellate case serves as a reminder that it is best practice to provide a written copy of an arbitration agreement and have individuals sign an acknowledgment of receipt and review of the arbitration provision.
Employee not entitled to new boss By Michael R. Lied July 2019 A summary of Tinsley v. Caterpillar Financial Services, Corp.
Employee’s Unusual Behavior May Alert Employer to Possible Disability By Michael R. Lied December 2019 A summary of Valdivia v. Township High School District.
Equitable remedies of back pay, front pay, and other make whole relief for ERISA violations By Joseph Kwiatkowski & Glenn Gaffney July 2019 An overview of the recent evolution of equitable terms and concepts, particularly relating to individuals seeking “make whole relief” for money damages under ERISA.
For ADA protection, obesity must have physiological basis By Michael R. Lied July 2019 Many Americans are overweight or even obese. When does this create a condition protected by the Americans with Disabilities Act?
1 comment (Most recent July 18, 2019)
How to handle the pot-smoking Illinois employee By Daniel S. Alcorn July 2019 Effective January 1, 2020, the Illinois Cannabis Regulation and Tax Act will allow Illinois residents over 21 years of age to legally possess certain amounts of marijuana, which means Illinois employers will begin to have workers who lawfully have traces of marijuana in their system.
Illinois Recognizes Successor Liability Under Human Rights Act By Michael R. Lied October 2019 In a recent appellate case, the court held that a corporate successor may be liable for the civil rights violation of a predecessor under the Illinois Human Rights Act.
Inevitable disclosure no substitute for post-employment non-competition provision By Michael F. Braun May 2019 Archer Daniels Midland Company v. Sinele, et al. reminds employers that the doctrine of inevitable discovery is not a foolproof substitute for enforceable post-employment restrictions on competition.
Janus v. AFSME Council 31: The aftermath By Carl R. Draper January 2019 The Supreme Court held in Janus v. AFSME Council 31 that the mandatory collection of agency fees is a violation of the First Amendment rights of public employees who do not wish to belong to a union.
Lawsuit alleges “no-poach” agreement is antitrust violation By Michael R. Lied January 2019 Employers would be wise to consider abandoning no-poach agreements, particularly since antitrust damages can be very significant.
Likely new Illinois statutes By Jennie E. Christensen July 2019 The Illinois General Assembly recently passed a number of bills that, if signed by Governor Pritzker, would impose significant new duties upon Illinois employers.
Nondisparagement Policy May Violate the National Labor Relations Act By Michael R. Lied December 2019 The National Labor Relations Board’s Office of the General Counsel recently considered whether former employees breached a nondisparagement agreement by criticizing the employer in negative online reviews.
Now that you know that a RIF is not a ‘magic bullet’: Performance management advice for managers in five easy pieces By Elizabeth Torphy-Donzella February 2019 A list of steps to take to set the table for success to ensure your company is not tempted to use a reduction in force as a means to an end.
OSHA increases civil penalties to adjust for inflation By Manesh K. Rath & Javaneh Nekoomaram February 2019 On January 23, 2019, the U.S. Department of Labor (DOL) published a final rule in the Federal Register increasing civil penalties assessed or enforced by the DOL, including the U.S. Occupational Safety and Health Administration.
Preventing Violence in the Illinois Workplace By Daniel S. Alcorn October 2019 An overview of an employer's duty to provide a safe workplace in Illinois and practical steps that can be taken to prevent workplace violence.
RATS! The Continuing Adventures of Scabby the Rat By Michael R. Lied December 2019 Recent developments on labor disputes.
RIFs are not the easy solution for problem employees By Fiona Ong February 2019 Hawks v. Ballantine Communications, Inc. highlights the risks companies take when culling unwanted employees through a supposed reduction in force.
Seventh Circuit Rules in Favor of Employer and Holds That Courts Can Split a Hostile Work Environment Claim By Anthony W. Overholt & Stephanie V. McGowan December 2019 The seventh circuit recently held that courts can sometimes analyze a hostile work environment claim as two separate claims.
Social security no match letters to resume in 2019 By Benjamin T. Kurten February 2019 Common questions and answers about no-match letters, which are sent by the Social Security Administration (SSA) to employers that have submitted a wage report containing a reported name, Social Security number, or a combination for an employee that do not match SSA records.
Tax considerations when settling an employment claim By Alan Shamoun January 2019 There are a number of issues to consider before writing up a settlement agreement and making sure all parties involved know what their obligations are for reporting and paying the proper amount of taxes.
1 comment (Most recent January 9, 2019)
Title IX at 47: A brother’s reflections on an Olympic gymnast, a track pioneer, and a Nike executive By John E. Thies January 2019 A first-hand account of some of the ups and downs associated with Title IX.
Top 10 OSHA citations By Michael R. Lied January 2019 The top 10 Occupational Safety and Health Administration violations for the 2018 fiscal year.