Articles From Michael R. Lied

Your IT personnel have become child porn cops By Michael R. Lied Labor and Employment Law, May 2009 Under a recent amendment to the Illinois Abused and Neglected Child Reporting Act, there is a new obligation on certain Illinois workers to report child pornography which they discover on the job.
Employment claims based on association with another person By Michael R. Lied Labor and Employment Law, December 2008 You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements.
Illinois acts to protect biometric information By Michael R. Lied Labor and Employment Law, December 2008 Illinois recently enacted the Biometric Information Privacy Act, Public Act 95-0994.
Employee has claim for harassing workplace behavior not directed at her By Michael R. Lied Labor and Employment Law, September 2008 Reeves worked as a Transportation Sales Representative for C.H. Robinson Worldwide, Inc. (“CHRW”) in its Birmingham, Alabama branch office. She was the only female TSR in the office.
Employee lawfully discharged after objecting to disclosing protected health information By Michael R. Lied Labor and Employment Law, September 2008 Rockwell Lime Company, seeking competitive bids for group health insurance, requested its employees authorize the disclosure of their protected health information to insurance companies for the purpose of pre-enrollment underwriting and risk rating.
Employer loses insurance coverage for failure to timely report a claim of discrimination By Michael R. Lied Labor and Employment Law, September 2008 The lesson here? Read your policy requirements. Arrowood Indemnity Co. refused to defend Westrec Marine Management Co., because Westrec failed to timely report a claim of discrimination.
Employer’s confidentiality policy violates labor law By Michael R. Lied Labor and Employment Law, September 2008 The NLRB alleged that Northeastern Land Services, Ltd. violated Section 8(a)(1) of the National Labor Relations Act by maintaining, in its employment contracts, an overbroad confidentiality provision, and by terminating employee Dupuy for breaching that policy.
Memorizing secret information may violate Trade Secrets Act By Michael R. Lied Labor and Employment Law, September 2008 Al Minor & Associates, Inc., (“AMA”) is an actuarial firm that designs and administers retirement plans and that employs pension analysts who work with approximately 500 clients.
Plaintiff’s prior lawsuits and mental health treatment may be admissible evidence By Michael R. Lied Labor and Employment Law, September 2008 In September 2003, Davis began employment with Lincare as a full-time healthcare specialist. Lincare’s area manager, Kline, promoted her to center manager in June 2004.
Using e-mail to create a contract By Michael R. Lied Business and Securities Law, August 2008 There are a lot of ways to create a contract. Not surprisingly, courts are now beginning to find that an exchange of e-mails can be sufficient.
EEOC issues guidance on employment testing By Michael R. Lied Labor and Employment Law, June 2008 The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that provides employers guidance on employment related testing and selection methods.
Employer’s test for tobacco use might violate ERISA By Michael R. Lied Labor and Employment Law, June 2008 A summary of Rodrigues v. The Scotts Co., LLC and EG Sys., Inc., d/b/a Scotts Lawnservice.
Employer’s challenge to unemployment benefits may be evidence of unlawful retaliation By Michael R. Lied Labor and Employment Law, February 2008 In Burlington Northern & Santa Fe R.R. Co. v. White, ___ U.S. ___, 126 S. Ct. 2405 (2006), the Supreme Court held that an employee subjected to employer conduct, whether inside or outside the workplace, that might dissuade an objectively reasonable worker from making or supporting a charge of discrimination, suffers a sufficiently adverse action to state a retaliation claim under Title VII.
NLRB modifies recognition bar rule By Michael R. Lied Labor and Employment Law, February 2008 The time-honored way in which employees select a union representative has been through a secret ballot conducted by the National Labor Relations Board (the “Board”).
Private investigator’s actions lead to invasion of privacy claim By Michael R. Lied Labor and Employment Law, February 2008 Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Negotiating separation agreements By Michael R. Lied Business and Securities Law, January 2008 Employers frequently seek to avoid or resolve litigation related to terminating an employee by having the other party sign a release or waiver.
Anti-Pretexting Statute By Michael R. Lied Labor and Employment Law, November 2007 Hewlett-Packard’s Chairman, Patricia Dunn, was allegedly upset about leaks to the media about the company’s long term strategic plans. Hewlett-Packard retained an outside firm to gain access to its directors’ phone records, believing that one or more directors were the source of the leak.
Private investigator’s actions lead to invasion of privacy claim By Michael R. Lied Labor and Employment Law, November 2007 Private investigators can be a helpful tool for business. However, it is important to assure that the investigation does not cross over the line to create an invasion of privacy.
Union not entitled to employee e-mail addresses By Michael R. Lied Labor and Employment Law, November 2007 In Trustees of Columbia University, Case 2-RC-22355 (August 9, 2007), a majority of a panel of the National Labor Relations Board (“Board”) found the employer did not violate the law when it refused to provide the union with e-mail addresses of eligible voters.
Does a manager have to express happiness that a subordinate is pregnant? By Michael R. Lied Labor and Employment Law, August 2007 Probably not. However, failure to do so was one issue considered significant in a pregnancy discrimination case. Asmo v. Keane, Inc., 471 F.3d 588 (6th Cir. 2006).
EEOC issues guidance on workers with caregiving responsibilities By Michael R. Lied Labor and Employment Law, August 2007 In May 2007, the Equal Employment Opportunity Commission issued guidance on workers with caregiving responsibilities.
NLRB changes damages presumptions when employer refuses to hire paid union organizers By Michael R. Lied Labor and Employment Law, August 2007 In Oil Capital Sheet Metal, Inc., 349 NLRB No. 118 (2007), the Complaint alleged, and the Administrative Law Judge found, that the Respondent violated Section 8(a)(3) of the National Labor Relations Act by refusing to hire Couch, a paid union organizer.
Failure to insure contraceptives was not sex discrimination By Michael R. Lied Labor and Employment Law, June 2007 Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things. They excluded both male and female contraceptive methods, prescription and non- prescription, when used for the sole purpose of contraception. The health plans only covered contraception when medically necessary for a non-contraceptive purpose.
Mass flu outbreak: Employment implications By Michael R. Lied Labor and Employment Law, June 2007 Not “if” but “when.” According to the Director of the Centers for Disease Control (“CDC”), a pandemic, likely an influenza break- out, is inevitable. Some CDC recommendations have employment law implications. For example, if employees become ill, an obvious issue may be the need to satisfy Family and Medical Leave Act obligations. There may also be issues under the Occupational Safety and Health Act. There could be implications under the Fair Labor Standards Act for employees who are required to work from home. For employers with a union, there may be labor law issues.
Employer’s handbook rules discourage protected labor activity By Michael R. Lied Labor and Employment Law, March 2007 The lesson in Guardsmark, LLC v. N.L.R.B. is that it is important to review handbook language to assure that it does not violate Federal labor law.
NLRB decides successorship issues By Michael R. Lied Labor and Employment Law, September 2006 In Planned Building Services, Inc., 347 NLRB No. 64, the National Labor Relations Board (“Board”) considered what it describes as two significant issues: (1) the appropriate analytical framework to be applied in determining whether an alleged successor employer has unlawfully refused to hire its predecessor’s employees to avoid a bargaining obligation; and (2) the appropriate make-whole remedy when a successor employer discriminatorily denies employment to its predecessor’s employees and violates its duty to bargain by unilaterally setting initial terms and conditions of employment.
No workers’ compensation benefits for injury at company-sponsored picnic By Michael R. Lied Labor and Employment Law, September 2006 Allstate Insurance planned a company picnic for July 21, 2000. The picnic occurred on Allstate’s grounds, it was attended exclusively by Allstate employees, and Allstate provided all the materials and equipment.
Taxation of compensatory damages for emotional distress and loss of reputation is unconstitutional By Michael R. Lied Labor and Employment Law, September 2006 Good lawyering sometimes shakes up the law. Consider Murphy et al. v. Internal Revenue Service, et al. 2006 WL 2411372 (CA DC 2006).
Union violated labor law by photographing employees By Michael R. Lied Labor and Employment Law, September 2006 Randell Warehouse of Arizona, Inc., 347 NLRB No. 56 (“Randell II”), presented the issue of whether a union’s unexplained photographing of employees while union representatives distributed campaign literature to them prior to an election constituted objectionable conduct.
Employee dress and grooming policies By Michael R. Lied Labor and Employment Law, August 2006 Recently, the full Ninth Circuit Court of Appeals, often considered a fairly liberal Court, rejected a plaintiff’s claim that the employer’s requirement that she wear makeup constituted sex discrimination.

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