Some safety incentive programs may be unlawfulBy Michael R. LiedLabor and Employment Law, December 2013Incentive programs that discourage employees from reporting their injuries are problematic because, under Section 11(c) of the OSH Act, an employer may not “in any manner discriminate” against an employee because the employee exercises a protected right, such as the right to report an injury.
Employer may lawfully change schedule to limit overtimeBy Michael R. LiedLabor and Employment Law, June 2013The issue on appeal in this case was whether the FLSA limits an employer’s freedom to change an existing workweek designation.
High court allows class arbitration award to standBy Michael R. LiedFederal Civil Practice, June 2013Predictably, disputes over arbitration agreements and awards will continue. However, Oxford Health Plans v. Sutter gives the parties an opportunity to carefully draft arbitration agreements to prevent class arbitration.
Employee lacks ADA claim because of absenteeismBy Michael R. LiedLabor and Employment Law, May 2013Because there was no evidence permitting a conclusion that the plaintiff was a qualified individual for ADA purposes, the district court correctly entered summary judgment for the defendant on her ADA claim.
Equal Employment Opportunity Commission issues draft strategic enforcement planBy Michael R. LiedCorporate Law Departments, November 2012In September of 2012, the U.S. Equal Employment Opportunity Commission released a draft Strategic Enforcement Plan for Fiscal Years 2012 – 2016. The SEP establishes priorities for the EEOC and integrates all components of EEOC’s private, public, and federal sector enforcement.
Psychological counseling may be a medical examination under the ADABy Michael R. LiedLabor and Employment Law, October 2012In Emily Kroll v White Lake Ambulance Authority, the court of appeals vacated the judgment of the district court granting summary judgment in favor of the defendant and remanded for further proceedings.
Settlement offer defeats class action lawsuitBy Michael R. LiedFederal Civil Practice, September 2012According to the appeals court in Damasco v. Clearwire Corporation, to allow a case to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction.
Illinois courts interpret Whistleblower claimsBy Michael R. LiedLabor and Employment Law, July 2012Summaries of the cases of Brame v. City of North Chicago and Michael, et al. v. Precision Alliance Group, LLC.
Plaintiff’s challenge to employer’s light duty policy failsBy Michael R. LiedLabor and Employment Law, June 2012Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
Accusing employee of “Playing the race card” keeps his case aliveBy Michael R. LiedLabor and Employment Law, March 2012Employee's history of complaints and Plant Manager's “race card” statements were deemed enough to allow employee to survive summary judgment on his retaliation claim. The court of appeals reversed the grant of summary judgment and remanded for further proceedings in Burnell v. Gates Rubber Co.
Court properly entered injunction during unfair labor practice proceedingsBy Michael R. LiedLabor and Employment Law, March 2012In the case of Lineback v. Irving Ready-Mix, Inc., the Seventh Circuit Court of Appeals decided a district court properly granted injunctive relief pending resolution of unfair labor practice charges with the National Labor Relations Board (“NLRB”).
Plaintiffs strike out in bids for remand in Class Action Fairness Act casesBy Michael R. LiedFederal Civil Practice, March 2012The Act creates federal diversity jurisdiction over certain class actions in which at least one member of the class is a citizen of a different state from any defendant. 28 U.S.C. § 1332(d)(2). The Act applies to any class action within the Act’s scope before or after the entry of a class certification order.
What is OSHA looking for?By Michael R. LiedLabor and Employment Law, February 2012A list of the most commonly cited OSHA violations from fiscal year 2011.
Appeals court examines amounts in controversyBy Michael R. LiedFederal Civil Practice, December 2011In two recent cases the Seventh Circuit Court of Appeals considered how to determine what amount of money is at issue in a lawsuit.
How similar is similar?By Michael R. LiedLabor and Employment Law, December 2011In Eaton v. Indiana Dep’t Corrections, the Seventh Circuit found that similarly situated employees must be directly comparable to the plaintiff in all material respects, including rule or policy violations.
Case dismissed when plaintiff fails to sign settlement agreementBy Michael R. LiedLabor and Employment Law, October 2011In this case, the parties intended to enter into a settlement agreement and did so at the conclusion of an April 25, 2009 conference. In fact, the plaintiff affirmed her understanding of the settlement terms and indicated her acceptance of those terms on the record.
Court rejects employee’s discrimination and retaliation claimsBy Michael R. LiedLabor and Employment Law, October 2011The court of appeals wrote that no reasonable jury could find that the delivery of a verbal warning, based on a complaint from a coworker, constituted an adverse employment action or created an objectively hostile work environment.
Plaintiff’s case for overtime pay founders on the “administrative exemption”By Michael R. LiedLabor and Employment Law, October 2011In this case, the plaintiff’s primary duty was directly related to the general business operations of both MediaBank and its customers, and the “administrative” exemption applied, defeating her claim for overtime pay.
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