Section Newsletters

Articles From Michael R. Lied

The Defend Trade Secrets Act—New employer rights and responsibilities By Michael R. Lied Federal Civil Practice, June 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.
Employer fails in bid for removal under 28 U.S.C. § 1332 By Michael R. Lied Federal Civil Practice, June 2016 A summary of the recent case of John Stell and Charles Williams, Jr. v. Gibco Motor Express, LLC.
Replacing American workers with foreign workers may be discrimination By Michael R. Lied Labor and Employment Law, 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.
Employer not entitled to injunction against former employee By Michael R. Lied Labor and Employment Law, February 2016 An overview of the recent case of Capstone Financial Advisors Inc. v. Plywaczynski.
Staffing company may selectively use e-verify By Michael R. Lied International and Immigration Law, February 2016 An employer that selectively creates E-Verify cases for employees based on citizenship status or national origin may violate the INA's anti-discrimination provision.
Employer bungles handling of discrimination charge By Michael R. Lied Labor and Employment Law, December 2015 A summary of Windsor Clothing Store v. Castro.
Juror not disqualified by mistaken belief as to the law By Michael R. Lied Federal Civil Practice, December 2015 In Marshall v. City of Chicago, the plaintiff sought to exclude a potential juror and also to expand the size of the jury during voir dire.
New limits on community college employment contracts By Michael R. Lied Labor and Employment Law, December 2015 The Public Community College Act was recently amended to impose certain limitations on employment contracts.
Sometimes employer may lawfully ask for additional documents after internal I-9 audit By Michael R. Lied International and Immigration Law, December 2015 How to advise a client following an internal audit of the client’s Forms I-9.
Proposed class action not mooted by defendant’s tender By Michael R. Lied Civil Practice and Procedure, November 2015 The important consideration in determining whether a named representative’s claim is moot is whether that representative filed a motion for class certification prior to the time when the defendant made its tender.
Court erred in admitting text messages By Michael R. Lied Bench and Bar, September 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Illinois amends Equal Pay Act By Michael R. Lied Corporate Law Departments, September 2015 Effective January 1, 2016, the Act is amended to cover all Illinois employers, rather than only employers of four or more employees.
Illinois amends Equal Pay Act By Michael R. Lied Labor and Employment Law, September 2015 Effective January 1, 2016, the Act is amended to cover all Illinois employers, rather than only employers of four or more employees.
Court erred in admitting text messages By Michael R. Lied Civil Practice and Procedure, June 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Drug testing retaliatory discharge claim fails on issues of causation By Michael R. Lied Labor and Employment Law, March 2015 A summary of the recent case of Phillips v. Continental Tire The Americas, LLC.
Illinois regulates payroll cards By Michael R. Lied Labor and Employment Law, March 2015 An overview of the amendments to the Illinois Wage Payment and Collection Act.
Employees failing to use employer’s recordkeeping system lose overtime claims By Michael R. Lied Labor and Employment Law, February 2015 Three recent cases make clear employees have an obligation to record their work time accurately.
Extended leave of absence is not a reasonable accommodation By Michael R. Lied Labor and Employment Law, December 2014 A summary of Hwang v. Kansas State University, ___ F.3d ___, 2014 WL 2212071(10th Cir. 2014),
Recent cases provide guidance on motions to dismiss By Michael R. Lied Federal Civil Practice, December 2014 Recent cases of interest to federal civil practice attorneys.
Appeals court enforces NLRB decision on confidentiality policy By Michael R. Lied Labor and Employment Law, September 2014 A synopsis of Flex Frac Logistics, L.L.C. v. National Labor Relations Board.
The new Illinois Job Opportunities for Qualified Applicants Act By Michael R. Lied Labor and Employment Law, September 2014 This new Act prohibits an employer or employment agency from inquiring about, considering, or requiring disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that he or she has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made.
Personal jurisdiction in the Internet age By Michael R. Lied Federal Civil Practice, September 2014 A party’s Internet activity may affect whether the party is subject to a court’s jurisdiction.
Arbitration clause survives expiration of contract By Michael R. Lied Federal Civil Practice, June 2014 A synopsis of Huffman v. The Hilltop Companies, LLC.
New NLRB Notice format By Michael R. Lied Labor and Employment Law, June 2014 In Durham School Services, L.P., 360 NLRB No. 85 (2014) The National Labor Relations Board took another step into the future.
NLRB General Counsel identifies issues of interest By Michael R. Lied Labor and Employment Law, June 2014 In MEMORANDUM GC 14-0, issued February 25, 2014, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board, provided a list of matters that should be submitted to the Division of Advice.
Unsuccessful appeal subjected plaintiff’s attorney to possible sanctions By Michael R. Lied Labor and Employment Law, May 2014 A summary of the recent case of Bass v. Joliet Public School Dist. No. 86.
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied International and Immigration Law, March 2014 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.
OSHA’S 10 most frequently cited standards for Fiscal Year 2013 By Michael R. Lied Labor and Employment Law, March 2014 A table identifying the most cited standards.
OSHA developments By Michael R. Lied Labor and Employment Law, January 2014 Recent updates items of interest to labor & employment practitioners. 
Employers sanctioned for failure to correctly complete I-9 forms By Michael R. Lied Labor and Employment Law, December 2013 Two recent cases teach that the seemingly mundane task of verifying identity and work authorization on Form I-9 is serious business.

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