Articles From Michael R. Lied | Illinois State Bar Association

Court finds assignment to harder job is not an adverse employment action By Michael R. Lied Labor and Employment Law, February 2003 In White v. Burlington Northern & Santa Fe Railway Company, 310 F.3d 443 (6th Cir. 2002), White was a track maintenance worker who primarily operated a fork lift. White complained the employer treated her differently because of her sex and said her foreman had twice made inappropriate remarks

Court refuses to limit jury’s damages award on disabilities claim By Michael R. Lied Labor and Employment Law, February 2003 In Gagliardo v. Connaught Laboratories, Inc., 2002 U.S. App. LEXIS 23953 (3rd Cir. 2002), Gagliardo worked as a customer service representative for Connaught Laboratories, Inc., (CLI).

Employer may lawfully terminate jailed alcoholic employee By Michael R. Lied Labor and Employment Law, February 2003 George Bailey was an alcoholic who worked for Georgia Pacific Corporation.

Employer sues union for defamation related to picketing By Michael R. Lied Labor and Employment Law, December 2002 In Lowe Excavating Co. v. International Union of Operating Engineer's Local 150, 327 Ill. App. 3d 711 (2d Dist. 2002), the union picketed a non-union employer with signs stating:

Employer’s state law claims relating to labor dispute barred by filing of unfair labor practice charge By Michael R. Lied Labor and Employment Law, December 2002 In Overnite Transportation Co. v. International Brotherhood Teamsters, et al, _____ Ill. App. 3d _____, 773 N.E.2d 26, 265 Ill. Dec. 664 (1st Dist. 2002), the Complaint alleged that defendants conspired to commit various tortuous and criminal acts to force the employer to accept the union representation as well as a union contract.

Appellate Court does the unusual—reverses arbitrator By Michael R. Lied Labor and Employment Law, October 2002 Arbitration awards are fairly sacred, because the parties agree to let an arbitrator settle their dispute. However, in Anheuser-Busch, Inc. v. Teamsters, 280 F.3d 1133 (7th Cir. 2002), the 7th Circuit Court of Appeals reversed a district court's affirmance of an arbitrator's decision in favor of Teamsters Local 744.

Impaired sleep leading to claimed inability to work overtime is not a disability By Michael R. Lied Labor and Employment Law, October 2002 In Boerst v. General Mills Operations, Inc., 2002 U.S. App. LEXIS 813 (6th Cir. 2002), the employee claimed he suffered from anxiety, fatigue, difficulty sleeping and inability to concentrate.

Union management negotiations may create custom or practice for purposes of Fair Labor Standards Act By Michael R. Lied Labor and Employment Law, October 2002 In Bejil et al. v. Ethicon, Inc., 269 F.3d 477 (5th Cir. 2001), plaintiffs worked at a plant which manufactured surgical sutures and needles.

Court decides NLRB awarded too much back pay to union salt By Michael R. Lied Labor and Employment Law, July 2002 Winston Cox was a full-time union organizer for the IBEW. He was refused employment with a non-union contractor and this was found to be an unfair labor practice.

Defendant sanctioned for failure to adequately participate in mediation By Michael R. Lied Labor and Employment Law, July 2002 It's always good to follow the judge's instructions. Nick v. Morgan's Foods, Inc., 270 F.3d 590 (8th Cir. 2001), is an example of why this is true.

FMLA does not permit employee to keep employer “in the dark” about return date By Michael R. Lied Labor and Employment Law, July 2002 In Lewis v. Holsum of Fort Wayne, Inc., 278 F.3d 706 (7th Cir. 2002), the plaintiff suffered an asthma attack at work on December 17, 1997.

Supreme Court clarifies Americans With Disabilities Act By Michael R. Lied Labor and Employment Law, July 2002 A Toyota Motor Company employee claimed to be disabled from performing assembly line duties by virtue of Carpal Tunnel Syndrome and other impairments.

Seventh Circuit clarifies standards for the grant or denial of summary judgment in retaliation cases By Michael R. Lied Labor and Employment Law, May 2002 In Stone v. City of Indianapolis Public Utilities Division, 2002 U.S. App. LEXIS 2523 (7th Cir. 2002), the court of appeals set forth standards for the grant or denial of summary judgment in cases alleging retaliation for filing a discrimination charge or engaging in some other protected activity.

Defendant sanctioned for failure to adequately participate in mediation By Michael R. Lied Labor and Employment Law, April 2002 It's always good to follow the judge's instructions. Nick v. Morgan's Foods, Inc., 270 F.3d 590 (8th Cir. 2001) is an example of why this is true.

Appellate court lacks jurisdiction to review partial dismissal of claim under Human Rights Act By Michael R. Lied Labor and Employment Law, November 2001 In Matson v. Department of Human Rights, 255 Ill. Dec. 888, 750 N.E.2d 1273 (2d Dist. 2001), a case of first impression, the appellate court determined it lacked jurisdiction to review a determination of the Department of Human Rights' Chief Counsel affirming partial dismissal of a handicap discrimination claim.

Employer bears burden of proving supervisory status in NLRB proceeding By Michael R. Lied Labor and Employment Law, November 2001 A labor law issue which comes up with some frequency is whether certain individuals are employees--and therefore entitled to the protections of the National Labor Relations Act, or supervisors, who are usually excluded from such protection.

Expert witnesses cannot testify to standard of conduct in a fiduciary duty case By Michael R. Lied Labor and Employment Law, November 2001 LID Associates, et al. v. Charles F. Dolan, et al., 2001 Ill. App. LEXIS 683 (1st Dist. Aug. 30, 2001), involved claims by a number of limited partner investors in Cablevision of Chicago against general partner, Charles F. Dolen and Cablevisions Systems Services Corporation for breach of fiduciary duty involving three financing transactions.

Illinois appellate court recognizes claim for retaliatory discharge relating to filing for unemployment benefits By Michael R. Lied Labor and Employment Law, November 2001 On a number of occasions the Illinois Supreme Court has cautioned the lower courts against expanding the tort of retaliatory discharge.

Minority business set aside program ruled unconstitutional By Michael R. Lied Labor and Employment Law, November 2001 In Builders Association of Greater Chicago v. County of Cook, et al., 256 F.3d 642, the Seventh Circuit Court of Appeals affirmed a district court ruling that Cook County's minority and women-owned business enterprise program was unconstitutional.

Seventh Circuit expounds on trade secret issues By Michael R. Lied Labor and Employment Law, November 2001 Labor and employment lawyers occasionally run into trade secret issues, often in the context of cases which also involve covenants not to compete.

NLRB makes it harder towithdraw recognition from a union By Michael R. Lied Labor and Employment Law, June 2001 In Levitz Furniture Company v. United Food and Commercial Workers Union, Local 101, 333 NLRB No. 105, the NLRB reversed nearly 50 years of precedent, making it more risky for an employer to unilaterally withdraw recognition from an incumbent union.

Seventh Circuit partially closes the FLSA “window of correction” By Michael R. Lied Labor and Employment Law, June 2001 To be exempt from entitlement to overtime pay under the Fair Labor Standards Act, an employee must usually meet certain job duties tests, as an executive, administrative or professional employee, and also be paid on a salaried basis.

Supreme Court rules cap on damages not applicable to front pay By Michael R. Lied Labor and Employment Law, June 2001 In the Civil Rights Act of 1991, Congress expanded the remedies available to Plaintiffs alleging discrimination--for the first time allowing compensatory and punitive damages.

Immigration alert for school attorneys By Michael R. Lied Education Law, January 2001 Many attorneys represent school districts that operate public elementary, secondary or publicly funded adult education programs.

Do you create a “precedent” by giving severance pay? By Michael R. Lied Labor and Employment Law, December 2000 Business people sometimes wonder if giving one employee severance pay creates a legal duty to provide severance pay to other employees.

Seventh circuit decision also provides union election law primer By Michael R. Lied Labor and Employment Law, December 2000 In National Labor Relations Board v. Aluminum Casting and Engineering Company, Inc., ____ F.3d _____ (7th Cir. 2000), the union won a representation election which was ultimately set aside, leading to the ordering of a new election.

Courts void FMLA regulations By Michael R. Lied Labor and Employment Law, September 2000 In Dormeyer v. Comerica Bank-Illinois, 2000 U.S. App. LEXIS 17727 (7th Cir. 2000) the Seventh Circuit Court of Appeals found certain Department of Labor Regulations implementing the Family and Medical Leave Act were improper.

Private investigators in work place invade employee privacy By Michael R. Lied Labor and Employment Law, September 2000 K-Mart Corporation operates a distribution center in Manteno, Illinois. The company experienced theft, vandalism, and sabotage and had concerns about the sale and use of drugs at the center.

ERISA “safe harbor” language may provide protection By Michael R. Lied Labor and Employment Law, June 2000 In late February, the Seventh Circuit issued an important decision relating to employee benefit plans.

Seventh Circuit on severance pay By Michael R. Lied Labor and Employment Law, June 2000 In Sandstrom v. Cultor Food Science, Inc., ______ F.3d _____ (7th Cir. May, 25, 2000), 2000 U.S. App. LEXIS 11570, the court dealt with an employee's argument that, since another employee had received severance pay, he should, too.

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