Articles From Michael R. Lied

Proposed rule provides employer guidance on Social Security “No-Match” letters By Michael R. Lied Labor and Employment Law, August 2006 Employers annually send the Social Security Administration (SSA) millions of earnings reports (W-2 Forms) in which the combination of employee name and social security number (SSN) does not match SSA records.
Supreme Court makes retaliation claims more dangerous for employers By Michael R. Lied Labor and Employment Law, August 2006 Claims of retaliation have been increasing in recent years. For example, the Equal Employment Opportunity Commission has received more than 22,000 charges alleging retaliation in each of the last five years.
Employee destroys computer files and violates Computer Fraud and Abuse Act By Michael R. Lied Labor and Employment Law, July 2006 In International Airport Centers, L.L.C., et al., v. Jacob Citrin, 440 F.3d 418 (7th Cir. 2006), Citrin was employed to identify properties that IAC might want to acquire, and to assist in any later acquisitions. IAC provided Citrin a laptop to use to record data that he collected in the course of his work.
Employee must arbitrate retaliatory discharge claim By Michael R. Lied Labor and Employment Law, July 2006 Joann Melena joined Anheuser-Busch as a nonunion employee at its distribution center in Mt. Vernon, Illinois in February 1999.
New VESSA rules announced By Michael R. Lied Labor and Employment Law, July 2006 The Victim’s Economic Security and Safety Act (“VESSA”) allows for up to 12 weeks for unpaid leave in a 12-month period to allow employees or household members who are the victims of domestic or sexual violence to take time off to pursue such matters as court hearings, counseling, relocating, and seeking medical or legal services to insure the victim’s safety.
Employee must be paid for required off-duty mental counseling By Michael R. Lied Labor and Employment Law, March 2006 Kari Sehie was a former emergency dispatcher for the City of Aurora.
Faulty release fails to bar age discrimination claims By Michael R. Lied Labor and Employment Law, January 2006 In Kruchowski, et al. v. Weyerhaeuser Co., the group of plaintiffs signed a release of claims, in order to obtain a severance package.
What have they been up to in Springfield? Recent statutory changes affecting employers and employees By Michael R. Lied Labor and Employment Law, January 2006 The 93rd and 94th General Assemblies made numerous changes which will impact Illinois employers and employees.
Employee handbook and work rules may violate labor law By Michael R. Lied Labor and Employment Law, October 2005 Most employers are aware that carelessly drafted employee handbook language may create problems.
Personal Information Protection Act requires notification of security breaches By Michael R. Lied Human and Civil Rights, August 2005 A new Illinois statute, effective January 1, 2006, requires entities which collect personal data to notify individuals when there has been a breach of computer system security and where personal information may have been acquired.
Employer sued for defamation based on comments relating to performance review By Michael R. Lied Labor and Employment Law, July 2005 The decision in Popko v. Continental Casualty Co., et al., 823 N.E.2d 184 (1st Dist. 2005), may raise a few employer eyebrows.
The problems of religion in the workplace By Michael R. Lied Labor and Employment Law, February 2005 Ever since 1964, Federal law has prohibited discrimination based on religion.
“Similar” is not “equal”-Or is it? Equal pay issues By Michael R. Lied Labor and Employment Law, February 2005 Sandra Wheatley was the director of the Wicomico County, Maryland, Emergency Services Department, and Jane Grogan was the deputy director.
Wachovia Corporation will pay $5.5M for compensation discrimination By Michael R. Lied Labor and Employment Law, February 2005 The United States Department of Labor, Office of the Federal Contract Compliance Programs, undertook a corporate management review of the headquarters of First Union National Bank in Charlotte, North Carolina.
Work authorization updates By Michael R. Lied Labor and Employment Law, February 2005 All employers must ensure proper completion of the Employment Eligibility Verification form (Form I-9) for each newly hired employee, including U.S. citizens and aliens.
Employer blows filing deadline By Michael R. Lied Labor and Employment Law, November 2004 Ferrari v. Illinois Department of Human Rights, _____ Ill. App. 3d ____, 815 N.E.2d 417, 287 Ill. Dec. 14 (4th Dist. 2004), is a cautionary case for employers-miss filing deadlines at your peril.
Illinois enacts Right to Breastfeed Act By Michael R. Lied Labor and Employment Law, November 2004 On August 16, 2004, the Illinois Right to Breastfeed Act became effective.
Casino’s policies violate National Labor Relations Act By Michael R. Lied Labor and Employment Law, August 2004 In Double Eagle Hotel and Casino, 341 NLRB No. 17 (2004), a three-member panel of the National Labor Relations Board ("NLRB") found that several of the casino's policies violated the National Labor Relations Act ("NLRA").
No earrings for men: Is that a problem? By Michael R. Lied Labor and Employment Law, August 2004 In Pecenka v. Fareway Stores, Inc., 672 N.W.2d 800 (2003), the Iowa Supreme Court decided the employer did not violate Federal or Iowa law by barring male employees from wearing earrings.
Restrictive covenant / covenant not to compete update By Michael R. Lied Labor and Employment Law, June 2004 The courts continue to churn out cases interpreting restrictive covenants in the employment context. An analysis of some recent cases follows.
The plaintiff’s deposition By Michael R. Lied Labor and Employment Law, February 2004 There are a number of things that defense counsel may hope to accomplish in the plaintiff's deposition. Counsel may want to both fully understand and seek to narrow the plaintiff's claims.
Illinois Whistleblower Act becomes effective January 1, 2004 By Michael R. Lied Labor and Employment Law, November 2003 This summer, the Illinois legislature passed the Whistleblower Act. The Act applies to employers in Illinois, including individuals, sole proprietorships, partnerships, firms, corporations, associations and any other entity having one or more employees in Illinois
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.
New leave rights for victims of domestic violence By Michael R. Lied Labor and Employment Law, November 2003 The Illinois Victims Economic Security and Safety Act ("VESSA") became effective August 25, 2003. VESSA has similarities to both the Family and Medical Leave Act as well as the Americans With Disabilities Act.
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.
High court sets limits on punitive damages By Michael R. Lied Labor and Employment Law, June 2003 On April 7, 2003, the United States Supreme Court decided a significant case which seems to, for the first time, establish some constitutional limits on awards of punitive damages.
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.
Unforeseeable business circumstance excuses plant closing without WARN notice By Michael R. Lied Labor and Employment Law, April 2003 In Watson et al. v. Michigan Industrial Holdings, Inc. et al., 2002 U.S. App. LEXIS 23889 (6th Cir. 2002), Michigan Industrial Holdings, Inc. (MIHI) provided new and aftermarket forgings for Dana Corporation

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