Articles From Michael R. Lied

Top 10 OSHA citations By Michael R. Lied Labor and Employment Law, January 2019 The top 10 Occupational Safety and Health Administration violations for the 2018 fiscal year.
Courts weigh in on judicial notice By Michael R. Lied Federal Civil Practice, December 2018 Summaries of Khoja v. Orexigen Therapeutics, Inc. and In the Matter of Steven Robert Lisse, two recent cases that discuss the concept of judicial notice.
Illinois employers must soon reimburse some employee expenditures By Michael R. Lied Labor and Employment Law, December 2018 Effective January 1, 2019, the Illinois Wage Payment and Collection Act requires employers to reimburse employees for certain business related expenses incurred by the employees.
NLRB trims scrutiny of employee handbook rules By Michael R. Lied Labor and Employment Law, September 2018 The National Labor Relations Board recently relaxed the Board's scrutiny of employee handbook policies.
Short FMLA-based breaks may not be compensable By Michael R. Lied Labor and Employment Law, September 2018 The U.S. Department of Labor issued an opinion regarding whether a non-exempt employee’s 15-minute rest breaks, which are certified by a health care provider as required every hour due to the employee’s serious health condition and are thus covered under the Family and Medical Leave Act, are compensable or non-compensable time under the Fair Labor Standards Act.
Removal bid founders for lack of Article III standing By Michael R. Lied Federal Civil Practice, June 2018 The Seventh Circuit provided a useful reminder about removal of a case to federal court in Collier and Seitz v. SP Plus Corporation, holding that it is improper for a defendant who removes a case based on federal question jurisdiction to subsequently file a motion to dismiss for lack of Article III standing.
Court Expands Retaliatory Discharge Tort, Rejects Whistleblower Claim By Michael R. Lied Labor and Employment Law, May 2018 Illinois follows the at-will employment rule, but recognizes an exception when the discharge violates a clear mandate of public policy.
Reference to JAMS Rules in contract allows arbitrator to decide arbitrability By Michael R. Lied Labor and Employment Law, May 2018 It is usually—but not always—up to a court to determine if parties to an agreement have decided to let an arbitrator decide disputes under that agreement.
Illinois employers must accommodate religious clothing and facial hair By Michael R. Lied Labor and Employment Law, January 2018 The Illinois Human Rights Act was recently amended to address clothing and facial hair issues connected with religion.
Wage obligations of H-1B visa sponsors By Michael R. Lied International and Immigration Law, January 2018 If an H-1B employee is in nonproductive status due to a decision by the employer, the employer is required to pay the employee’s salary. However, once there has been a bona fide termination of the employment relationship, the H-1B employee is no longer entitled to any further salary.
Immigration support affidavit enforceable in divorce proceedings By Michael R. Lied International and Immigration Law, December 2017 A summary of In re: Marriage of Ashlyne and Vikash Kumar.
Negligent hiring and supervision in Illinois By Michael R. Lied Labor and Employment Law, December 2017 A look at the recent cases of Susanna McNerney v. Muhtar Allamuradov, 303 TAXI, LLC, and Grand Transportation, Inc. and John Doe v. The Catholic Bishop of Chicago.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied Employee Benefits, December 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied Local Government Law, November 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
Former employees must arbitrate ADEA claims on individual basis By Michael R. Lied Labor and Employment Law, October 2017 A summary of McLeod v. General Mills, Inc.
Lawyers behaving badly By Michael R. Lied Labor and Employment Law, October 2017 It’s a bad idea for lawyers to threaten to call immigration authorities to gain advantage over another party.
Taking FMLA leave does not guarantee reinstatement By Michael R. Lied Labor and Employment Law, October 2017 Employees sometimes think taking FMLA leave insulates them from an adverse employment action. Not so, as a couple of recent cases make clear.
New I-9 form and employer handbook By Michael R. Lied International and Immigration Law, August 2017 US Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017.
New I-9 form and employer handbook By Michael R. Lied Labor and Employment Law, August 2017 US Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification on July 17, 2017.
Successor bus company violated National Labor Relations Act By Michael R. Lied Labor and Employment Law, August 2017 The recent case of Allways East Transportation, Inc. provides a good discussion of labor law successorship issues.
Employee’s suit for green-card sponsorship fails By Michael R. Lied International and Immigration Law, May 2017 A summary of Gason v. Dow Corning Corporation.
Employee’s suit for green-card sponsorship fails By Michael R. Lied Labor and Employment Law, April 2017 A discussion of Gason v. Dow Corning Corporation.
NLRB rulings impede employer investigations By Michael R. Lied Labor and Employment Law, April 2017 In Banner Health System, a majority of the NLRB Panel found that a Human Resources Consultant JoAnn Odell unlawfully requested employees who were involved in a workplace investigation not to discuss the matter with their coworkers while the investigation was ongoing.
Court parses Human Rights Act jury instructions By Michael R. Lied Labor and Employment Law, March 2017 The case of Schnitker v. Springfield Urban League, Inc. proves it is always helpful to read a decision that addresses jury instructions, particularly where there are no pattern instructions.
Employer flubs credit check on job applicant By Michael R. Lied Labor and Employment Law, February 2017 A summary of Catherine Ohle v. The Neiman Marcus Group.
Office of Special Counsel provides discrimination guidance By Michael R. Lied International and Immigration Law, February 2017 In determining whether a violation has occurred, the Office of the Chief Administrative Hearing Officer, the adjudicative body that hears cases arising under the INA’s anti-discrimination provision, looks to relevant case law of the federal circuit in which the claim arises.
OK to ask applicants if they need immigration sponsorship By Michael R. Lied International and Immigration Law, October 2016 An employer that asks questions designed to prefer certain classes of nonimmigrant visa holders (e.g., STEM OPT students) over other classes of nonimmigrant visa holders is unlikely to violate the INA’s prohibition against citizenship status discrimination.
Court affirms fee award under Human Rights Act By Michael R. Lied Labor and Employment Law, 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 Labor and Employment Law, 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.
OSHA developments: Electronic records, drug testing, and drastically increased penalties By Michael R. Lied Labor and Employment Law, September 2016 A look at OSHA's new rule changes.

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