Section Newsletters

Articles on Employment Law

Minimum wage changes By Michael R. Lied Labor and Employment Law, November 2003 The Illinois minimum wage rate increases to $5.50 per hour on January 1, 2004. It next rises to $6.50 per hour January 1, 2005.
SB 266 modifies Unemployment Insurance Act attorney fee provision By Glenn R. Gaffney Labor and Employment Law, November 2003 Section 1200 of the Illinois Employment Insurance Act (820 ILCS 405/1200), entitled "compensation of attorneys," provides that an individual claiming benefits in a proceeding before the IDES or the Board of Review can be represented by counsel but that the fee charged can be no more than an amount approved by the Board of Review or by the Director.
Seventh Circuit upholds Title VII Laches defense By Glenn R. Gaffney Labor and Employment Law, November 2003 In National RR Passenger Corp v. Morgan, 536 US 101, 122 S.Ct. 2061 (2002) , the United States Supreme Court clarified and expanded the "continuing violation doctrine."
Civil [war] trial By Donald R. Tracy Labor and Employment Law, August 2003 Hagerstown is the county seat of Washington County, Maryland. Hagerstown is in Civil War country.
Illinois enacts equal pay legislation: New obligations for Illinois employers By Gerard A. McInnis Labor and Employment Law, August 2003 On May 11, 2003, Illinois Governor Rod Blagojevich signed the Equal Pay Act of 2003 (the Act) into law.
Michigan court jails supervisor for job-related fatality By Michael R. Lied Labor and Employment Law, August 2003 J. A. Concrete Construction Company contracted with another company to deliver gravel to a construction site.
When are public school teachers eligible to receive unemployment benefits from the state? By Anthony J. Jacob Young Lawyers Division, August 2003 This article discusses the circumstances when a public school teacher may be eligible to receive unemployment benefits under the Illinois Unemployment Insurance Act (the Act) and its regulations, which are administered by the Illinois Department of Employment Security (IDES).
Employment claims: The first 30 days By Andrew B. Cripe Young Lawyers Division, June 2003 Though once rare, employment claims now account for over one-quarter of all lawsuits filed in federal court.
Proposed changes to employment laws winding their way through the 93rd General Assembly By Alisa B. Arnoff Labor and Employment Law, June 2003 SB1492: This bill provides an individual with the right to file an action arising under the Illinois Human Rights Act (the Act) in Circuit Court.
Your employee files for bankruptcy—Can you terminate employment? By Michael R. Lied & Tyler D. Petersen Commercial Banking, Collections, and Bankruptcy, May 2003 Your bank operates in a small town, maybe even in a town that is not so small. One of your lending officers files for bankruptcy, and the filing is reported in the newspaper.
Employer need not hire helper to provide reasonable accommodation for alleged disability By Michael R. Lied Labor and Employment Law, April 2003 In Peters v. City of Mauston, 2002 U.S. App. LEXIS 23869 (7th Cir. 2002), the employee sued, alleging disability discrimination after he was fired.
Executive loses stock options by working for competitor By Michael R. Lied Labor and Employment Law, April 2003 Michael Tatom worked as Vice-President of Operations in the Custom Business Services unit of Ameritech Information Systems.
Undocumented workers—Do they have any employment law rights? By Lorna K. Geiler Labor and Employment Law, April 2003 On March 27, 2002, the Supreme Court issued its decision in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 533 U.S. 137, 122 S.Ct. 1275, 152 L.Ed. 271 (2002).
Dealing with employee morale after a reduction in force (RIF)* By Valerie C. Perera Corporate Law Departments, March 2003 Employees undergoing change experience an inner psychological process by which they let go of the old reality, experience a chaotic time of transition (known as a "neutral zone") and then emerge into a new beginning.
Court finds assignment to harder job is not an adverse employment action By Michael R. Lied Labor and Employment Law, February 2003 In White v. Burlington Northern & Santa Fe Railway Company, 310 F.3d 443 (6th Cir. 2002), White was a track maintenance worker who primarily operated a fork lift. White complained the employer treated her differently because of her sex and said her foreman had twice made inappropriate remarks
Employer may lawfully terminate jailed alcoholic employee By Michael R. Lied Labor and Employment Law, February 2003 George Bailey was an alcoholic who worked for Georgia Pacific Corporation.
An employer’s guide to child support withholding in Illinois By Michael Todd Scott Corporate Law Departments, January 2003 If you have employees, eventually you will have an employee who is ordered to pay child support.
Arbitration clauses in employment contracts: To do or not to do By Nile J. Williamson Alternative Dispute Resolution, December 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Can your plaintiff-client afford to have the defendant pay her attorney fees? By Daniel S. Alcorn Labor and Employment Law, December 2002 Managing the tax aspects of success has always been a difficult yet important part of representing the plaintiff in employment litigation.
Disgruntled employees in your law firm: The enemy within By Sharon D. Nelson & John W. Simek Law Office Management and Economics, Standing Committee on, December 2002 Scary, but it is all too common for disgruntled employees to strike at their employer by causing technological calamity.
Employer’s state law claims relating to labor dispute barred by filing of unfair labor practice charge By Michael R. Lied Labor and Employment Law, December 2002 In Overnite Transportation Co. v. International Brotherhood Teamsters, et al, _____ Ill. App. 3d _____, 773 N.E.2d 26, 265 Ill. Dec. 664 (1st Dist. 2002), the Complaint alleged that defendants conspired to commit various tortuous and criminal acts to force the employer to accept the union representation as well as a union contract.
Arbitration clauses in employment contracts: to do or not to do By Nile J. Williamson Labor and Employment Law, May 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Employee drug-testing: Constructing effective programs that avoid the legal pitfalls By Donald R. Tracy Labor and Employment Law, April 2002 On the job drug-use by employees can dramatically affect workplace attitudes and performance.
IDHR stakeholder survey By Nile J. Williamson Labor and Employment Law, June 2001 Because the Labor and Employment Section Council of the Illinois State Bar Association meets approximately four to five times a year it was not possible to respond to the IDHR stakeholder survey until now.
Viability of hostile work environment claims under the ADA in the Seventh Circuit By Nile J. Williamson Labor and Employment Law, April 2001 A viable but frequently overlooked cause of action for the plaintiff's bar in employment litigation concerns hostile work environment claims pursuant to the Americans with Disabilities Act.
Standard of review: employee vs. independent contractor Administrative Law, October 2000 Illinois appellate courts are far from being in unanimous agreement as to the standard of review to apply to administrative decisions involving mixed questions of fact and law.
Courts void FMLA regulations By Michael R. Lied Labor and Employment Law, September 2000 In Dormeyer v. Comerica Bank-Illinois, 2000 U.S. App. LEXIS 17727 (7th Cir. 2000) the Seventh Circuit Court of Appeals found certain Department of Labor Regulations implementing the Family and Medical Leave Act were improper.
Damages award includes unrealized stock option appreciation Labor and Employment Law, September 2000 Greene, a division manager for Safeway Stores, was terminated at age 52. In two more years, he would have vested in a supplemental pension plan.
Discrimination in hiring: employers beware of testers! By Elaine Massock Labor and Employment Law, September 2000 On July 5, 2000, the Seventh Circuit Court of Appeals, the federal court with binding authority in Illinois, Indiana and Wisconsin, decided that an employer can be held liable for money damages for failing to hire minority applicants even though the applicants do not really want the job.
Private investigators in work place invade employee privacy By Michael R. Lied Labor and Employment Law, September 2000 K-Mart Corporation operates a distribution center in Manteno, Illinois. The company experienced theft, vandalism, and sabotage and had concerns about the sale and use of drugs at the center.

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