Section Newsletters

Articles on Employment Law

New Illinois workplace legislation By Michael D. Gifford Labor and Employment Law, October 2005 The Illinois General Assembly has imposed several new mandates on employers during this past legislative session.
Department of Employment Security Raises the Hourly Rate for Attorneys Representing Claimants By Glenn R. Gaffney Labor and Employment Law, July 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Employer sued for defamation based on comments relating to performance review By Michael R. Lied Labor and Employment Law, July 2005 The decision in Popko v. Continental Casualty Co., et al., 823 N.E.2d 184 (1st Dist. 2005), may raise a few employer eyebrows.
Kill “at will”: Volume 1 - The Concept; Volume 2 - The Forum By William J. Borah Labor and Employment Law, July 2005 Illinois' labor law is a multi-layer patchwork of statutes reflecting the historic struggles of different segments of the current workforce.
The MMPI-Medical examination or not? By Lorna K. Geiler Labor and Employment Law, July 2005 In a recent case, Karraker v. Rent-A-Center, 2005 W.L. 1389443 (7th Cir. 2005), the use of the Minnesota Multi-Phasic Personality Inventory (MMPI) was addressed by the 7th Circuit Court of Appeals.
When a performance evaluation is the product of discrimination, has there been an “adverse employment action”? By Paul E. Freehling Labor and Employment Law, July 2005 For over a decade, the federal judiciary has been grappling with the following question: Under what circumstances, if any, does a less-than-stellar performance evaluation given as a result of unlawful discrimination constitute "adverse employment action" as contemplated by the anti-discrimination statutes and the Due Process Clause of the 5th and 14th Amendments?
Casenote: Requirements for claiming unemployment compensation when voluntarily leaving employment to care for ailing family member By Peter R. Olson Elder Law, June 2005 What did the plaintiff caregiver need to do in order to qualify for unemployment benefits when she voluntarily left employment in order to assist her ailing father?
The Illinois Victims’ Economic Security and Safety Act of 2003: A guide for employers on VESSA requirements By Julie A. Piotrowski-Govreau Labor and Employment Law, May 2005 On August 25, 2003, Governor Rod Blagojevich signed into law the Victims' Economic Security and Safety Act (VESSA).
The problems of religion in the workplace By Michael R. Lied Labor and Employment Law, February 2005 Ever since 1964, Federal law has prohibited discrimination based on religion.
Proposed unemployment changes could economically benefit lawyers Labor and Employment Law, February 2005 As per the request of Ole Bly Pace III, the following is the "practical idea" which would help members of the Labor and Employment Law Section to improve their earning power as lawyers:
Work authorization updates By Michael R. Lied Labor and Employment Law, February 2005 All employers must ensure proper completion of the Employment Eligibility Verification form (Form I-9) for each newly hired employee, including U.S. citizens and aliens.
Termination not wrongful By Thomas W. Kelty Local Government Law, December 2004 The city clerk of Mattoon, Illinois was terminated from his position by the newly elected mayor and incoming city council.
Employer blows filing deadline By Michael R. Lied Labor and Employment Law, November 2004 Ferrari v. Illinois Department of Human Rights, _____ Ill. App. 3d ____, 815 N.E.2d 417, 287 Ill. Dec. 14 (4th Dist. 2004), is a cautionary case for employers-miss filing deadlines at your peril.
Illinois enacts Right to Breastfeed Act By Michael R. Lied Labor and Employment Law, November 2004 On August 16, 2004, the Illinois Right to Breastfeed Act became effective.
The new overtime rule and application By Bart A. Basi & Marcus S. Renwick Labor and Employment Law, November 2004 Confusion is the word for employers regarding the new labor rules! The new labor law collectively known as The Fair Labor Standards Act of 2004 has been in effect since August 23, 2004.
Be selective when labeling documents work product By Peter LaSorsa Corporate Law Departments, September 2004 When representing clients, attorney communications and works are subject to protection from disclosure-albeit not absolute protection.
Dealing with employee morale after a reduction in force (RIF) By Valerie C. Perera Labor and Employment Law, August 2004 Since the year 2000, America has experienced the single largest employment slump in U.S. history.
How much does a peppercorn cost?: Modification of existing employment relationships after Doyle v. Holy Cross Hospital By Stephen E. Balogh & Brendan A. Maher Labor and Employment Law, August 2004 The question is asked by an employer, "Can I make my employees sign covenants not to compete?"
No earrings for men: Is that a problem? By Michael R. Lied Labor and Employment Law, August 2004 In Pecenka v. Fareway Stores, Inc., 672 N.W.2d 800 (2003), the Iowa Supreme Court decided the employer did not violate Federal or Iowa law by barring male employees from wearing earrings.
Phased retirement: A retention strategy whose time has come By Janemarie Mulvey, Ph.D. Corporate Law Departments, August 2004 Rather than stopping work altogether, many retirement-age workers today would prefer to simply shift into a lower gear.
Employee’s failure to register specific complaints doomed her sexual harassment and retaliation claims under Title VII By Joseph M. Gagliardo Federal Civil Practice, May 2004 In Durkin v. City of Chicago, 341 F.3d 606 (7th Cir. 2003), the plaintiff sued the City of Chicago for events arising out of her employment training with the Chicago Police Department.
Seventh Circuit clarifies at-will employment status under 42 U.S.C. section 1981 By Nile J. Williamson Labor and Employment Law, April 2004 Most Illinois employees work under an at-will employment status such that they can be fired for any reason or no reason at any time.
Be careful what you ask for… Some releases are void as a matter of law By Jac A. Cotiguala & Luarine M. Galovich Federal Civil Practice, March 2004 Are you aware that waivers of claims under the Fair Labor Standards Act, Illinois Minimum Wage Law,  and Illinois Wage Payment and Collection Act are void as a matter of public policy?
Illinois Legislature acts to protect employee rights By Joseph M. Gagliardo Federal Civil Practice, March 2004 1. State Legislature waives 11th Amendment immunity on certain employment claims
Supreme Court in review By Joseph M. Gagliardo Federal Civil Practice, March 2004 The following is a summary of the seven employment law cases decided by the U.S. Supreme Court during its 2002-2003 term.
Addressing employee misconduct with confidence By Craig Hunsaker Corporate Law Departments, February 2004 San DiegoAn at-will employee spends most of her working hours using your company's high-speed Internet access to download music files to her personal MP3 player.
Firing a family member By Bernard Kliska Business Advice and Financial Planning, February 2004 If you think firing a long-time employee is difficult, try firing one who is a family member. As daunting the task, sometimes it’s necessary.
Allocation of fault to third parties-Does it include an employer? The legislature checks the supreme court By James T. Ferrini Civil Practice and Procedure, January 2004 In 1997 the Illinois Supreme Court held unconstitutional the vast majority of the tort reform legislation passed by the then Republican-led Illinois legislature.
The employment practices audit: A value-added client service By Andrew B. Cripe Young Lawyers Division, December 2003 Outside counsel is typically called to handle employment matters after a problem has arisen.
Ten employment mistakes plaintiffs’ lawyers hope you make By Jean Holloway & Ron Lee Corporate Law Departments, December 2003 Many employers may read news reports about egregious misconduct in the workplace-supervisors making sexual advances at employees, managers using racial slurs-and reassure themselves that "it won't happen here."

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