Section Newsletters

Articles on labor & employment

SCOTUS Resolves Circuit Split Regarding Staying or Dismissing Lawsuits in the Face of Arbitration Agreements By John S. Delikanakis & Markie L. Betor Employee Benefits, July 2024 On May 16, 2024, the U.S. Supreme Court unanimously held that where a district court is presented with a motion to stay and/or dismiss on the basis of an arbitration agreement, the plain language of the Federal Arbitration Act compels the court to issue a stay.
SCOTUS Resolves Circuit Split Regarding Staying or Dismissing Lawsuits in the Face of Arbitration Agreements By John S. Delikanakis & Markie L. Betor Labor and Employment Law, June 2024 On May 16, 2024, the U.S. Supreme Court unanimously held that where a district court is presented with a motion to stay and/or dismiss on the basis of an arbitration agreement, the plain language of the Federal Arbitration Act compels the court to issue a stay.
IDOL’s October 18, 2023 FAQs Provide Additional Guidance on How Employers’ Existing Paid Time Off Policies Can Satisfy the Illinois Paid Leave for All Workers Act’s Requirements By Leigh Jeter & Joelle Juárez Corporate Law Departments, March 2024 The Illinois Paid Leave for All Workers Act went into effect on January 1, requiring covered employers to provide eligible Illinois employees with up to 40 hours of paid leave each year.
NLRB Announces Most Expansive Definition of Joint Employment Yet, With Potential Significant Implications for Franchisors, Staffing Agencies and More By Caroline Burnett, JT Charron, William F. Dugan, Kimberly Franko, Autumn Sharp, & Will Woods Intellectual Property, March 2024 An overview of the new standard for "joint employer" status.
IDOL’s October 18, 2023 FAQs Provide Additional Guidance on How Employers’ Existing Paid Time Off Policies Can Satisfy the Illinois Paid Leave for All Workers Act’s Requirements By Leigh Jeter & Joelle Juárez Labor and Employment Law, February 2024 The Illinois Paid Leave for All Workers Act went into effect on January 1, requiring covered employers to provide eligible Illinois employees with up to 40 hours of paid leave each year.
The Legislative Employees Labor Relations Act and the Future of Labor Law in Illinois By Craig W. Colbrook Labor and Employment Law, February 2024 A bill under consideration in the Illinois General Assembly shows how Illinois labor law has changed following the ratification of the Workers’ Rights Amendment.
NLRB and OSHA Announce Partnership Over Worker Safety Protections By Heather L. MacDougall, Kaiser H. Chowdhry, David R. Broderdorf, John F. Ring, Michael K. Taylor, & Megan L. Lipsky Labor and Employment Law, February 2024 The National Labor Relations Board and Occupational Safety and Health Administration executed a memorandum of understanding regarding a partnership designed to strengthen their efforts to protect workers who either speak out about health and safety working conditions or engage in potential protected activity that triggers anti-discrimination and/or whistleblower protection under both federal labor law and health and safety laws.
Dueling Challenges to NLRB’s New Joint Employer Rule Succeed in Extending Effective Date of Rule By Emily Harbison & Heather Raun Labor and Employment Law, December 2023 In October 2023, the National Labor Relations Board issued a final rule that dramatically lowered the standard for companies to qualify as joint employers.
Illinois Plaintiffs’ Attorneys Find New Tool in Old Genetic Privacy Law By Francis X. Nolan, IV & Ian N. Jones Labor and Employment Law, December 2023 Although the Illinois Genetic Information Privacy Act was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent caselaw make it an enticing option for plaintiffs’ class action lawyers.
NLRB Announces Most Expansive Definition of Joint Employment Yet, With Potential Significant Implications for Franchisors, Staffing Agencies and More By Caroline Burnett, JT Charron, William F. Dugan, Kimberly Franko, Autumn Sharp, & Will Woods Labor and Employment Law, December 2023 An overview of the new standard for "joint employer" status.
The So-Called ‘Workers’ Rights Amendment’ Will Hurt Illinois Employees By Julie A. Noel & Richard A. Russo Labor and Employment Law, October 2022 The so-called Workers’ Rights Amendment purports to create a fundamental right to bargain collectively and protect “economic welfare and safety at work,” among other things, but if ratified by voters on Nov. 8, it will hurt Illinois employees.
State Power and Workers’ Rights By Craig Colbrook Labor and Employment Law, October 2022 Even under federal labor law, Illinois can make life better for workers by passing the Workers’ Rights Amendment.
Employer’s Failure to Timely Provide COBRA Election Notice Results in Retroactive Coverage and Penalties By Anne Tyler Hall Labor and Employment Law, July 2022 In Buford v. General Motors, L.L.C., the U.S. District Court of Michigan ruled that General Motors violated COBRA election notice requirements when it failed to timely provide an employee with a COBRA election notice upon his retirement. 
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.
California trial adventure (or, How I spent my summer vacation) By Donald R. Tracy Labor and Employment Law, October 2002 This past summer, I had the unique experience of trying a jury case in California. The trial was in Modesto, Stanislaus County, the home of Chandra Levy's parents. Congressman Condit is from nearby Ceres.
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.
Supreme Court extends reach of hostile environment claims By Jill P. O’Brien & David Manjarres Labor and Employment Law, October 2002 Earlier this year the Supreme Court issued an important decision limiting the period of time in which a plaintiff may complain of discrete acts of discrimination, but extends the time period in which a plaintiff may complain of a hostile environment.
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.
Minutes—Labor and Employment Law Section Council Labor and Employment Law, July 2002 Section Council Chairperson, Trisha Crowley, called the meeting to order at 2:00 p.m.
Seventh Circuit voids arbitration agreement requiring plaintiff to pay his own costs and attorney fees By Glenn R. Gaffney Labor and Employment Law, July 2002 On April 4, 2002, the Seventh Circuit Court of Appeals in the case of McCaskill v. SCI Management Corp., 285 F. 3d 623 ( 7th Cir. 2002) struck as unenforceable an arbitration agreement which required the plaintiff to pay her own costs and attorney fees in a Title VII action.
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.
Drafting an effective release under the Older Workers Benefit Protection Act By Bruce C. Beal Labor and Employment Law, May 2002 The Age Discrimination in Employment Act of 1967 (29 USC 621) ("ADEA") was amended by the Older Workers Benefit Protection Act ("Act") in 1990 in response to the Supreme Court decision in Public Employee's Retirement System of Ohio v. Betts, 109 S. Ct. 256 (1989).
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.
Circuit City v. Adams: the battle over arbitration agreements rages on By Glenn R. Gaffney & Justin Gaffney Labor and Employment Law, April 2002 In Circuit City Stores, Inc. v. Adams, 121 S.Ct. 1302 (2001), the U.S. Supreme Court held that the Federal Arbitration Act (FAA), 9 USC § 1 et seq. is applicable to employment agreements.
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.
Employers giving guarantees in job offers are promising more than they think By Matthew L. Alden Labor and Employment Law, April 2002 This article discusses when offers of employment can change an at-will employment relationship to a contract of employment for a specific term, such as years or months.
D.C. Circuit upholds NLRB’s extension of Weingarten rights to nonunion workplace By Daniel S. Alcorn Labor and Employment Law, March 2002 Nonunion employers violate the National Labor Relations Act if they refuse an employee's request for the presence of a co-worker during an investigatory interview which the employee reasonably believes will result in disciplinary action.
Double breasting: how not to run afoul of the law By Alan M. Kaplan Labor and Employment Law, March 2002 Many companies want to split their operations into two halves--one company with union contracts and one company without union contracts.
A general guide to employment agreements By Alan M. Kaplan Labor and Employment Law, March 2002 An employment agreement, like other agreements, creates what every business person wants--certainty. Under American law, parties in a relationship may create their own rules to govern a specific business relationship, as long as the parties meet certain requirements.

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