Section Newsletters

Articles on Labor and Employment Law

Illinois employers must soon reimburse some employee expenditures By Michael R. Lied Labor and Employment Law, December 2018 Effective January 1, 2019, the Illinois Wage Payment and Collection Act requires employers to reimburse employees for certain business related expenses incurred by the employees.
Leave of absence as a reasonable accommodation following exhaustion of FMLA benefit By David E. Krchak Labor and Employment Law, December 2018 Severson v. Heartland Woodcraft, Inc. addresses the issue of whether and when an employee may be entitled to an extended leave of absence beyond the 12-week leave granted under the Family and Medical Leave Act as a reasonable accommodation under the Americans with Disabilities Act.
Recent opinion letters from DOL By David E. Krchak Labor and Employment Law, November 2018 In August, the Wage and Hour Division of the U.S. Department of Labor issued two opinion letters addressing the treatment of attendance points while an  employee is on an FMLA leave of absence and whether time spent in voluntary wellness activities must be considered as hours worked.
Seventh circuit defines appropriate test for joint employer liability under Title VII By Orly M. Henry Labor and Employment Law, November 2018 The U.S. Court of Appeals for the Seventh Circuit recently clarified the applicable test for determining joint employment for Title VII liability.
U.S. Supreme Court upholds employers’ right to mandatory individualized arbitration By Juanita B. Rodriguez & Danielle Kirby Labor and Employment Law, November 2018 The U.S. Supreme Court recently upheld the right of employers to include mandatory individualized arbitration clauses in their employment contracts in a 5-4 decision.
Negligent hiring and supervision in Illinois By Michael R. Lied Labor and Employment Law, December 2017 A look at the recent cases of Susanna McNerney v. Muhtar Allamuradov, 303 TAXI, LLC, and Grand Transportation, Inc. and John Doe v. The Catholic Bishop of Chicago.
Why do powerful serial harassers get away with it for so long? By Richard T. Seymour Labor and Employment Law, December 2017 This article discusses the standards developed under Title VII of the Civil Rights Act of 1964, which forbids harassment based on sex, race, and other protected characteristics, and also forbids retaliation against those who oppose unlawful actions or participate in the Title VII enforcement process.
Why do powerful serial harassers get away with it for so long? By Richard T. Seymour Corporate Law Departments, December 2017 This article discusses the standards developed under Title VII of the Civil Rights Act of 1964, which forbids harassment based on sex, race, and other protected characteristics, and also forbids retaliation against those who oppose unlawful actions or participate in the Title VII enforcement process.
DOL issues final disability claim procedures rules: Employers must act By Steve Flores & Marissa Sims Employee Benefits, June 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
Appeals court discusses evidence of financial status of defendant sued for punitive damages By Michael R. Lied Labor and Employment Law, July 2012 In Powers v. Rosine, the plaintiffs filed a complaint for injuries sustained in an automobile accident where Rosine drove under the influence.
What is OSHA looking for? By Michael R. Lied Labor and Employment Law, February 2012 A list of the most commonly cited OSHA violations from fiscal year 2011.
NLRB delays employee rights posting By J.J. McGrath Corporate Law Departments, January 2012 Whether or not your company wants to balance the NLRB notice with one of its own is a judgment call, but right now all employers need to be prepared to post the NLRB notice on April 30, 2012.
Specialty healthcare: The NLRB rewrites rules on bargaining units By Michael D. Gifford Labor and Employment Law, December 2011 As a result of the recent decision of Specialty Healthcare and Rehabilitation Center of Mobile, unions will be able to organize a minority share of an employer’s workforce although a majority of workers may not favor the union.
Labor board attacks Boeing work location By Frank J. Saibert Labor and Employment Law, July 2011 The author argues that "Any notion that today’s National Labor Relations Board (NLRB or board) will give a fair shake to employers was dispelled this past April 20."
Employers and their attorneys left wanting more guidance after first major post-Sunbelt decision regarding reasonableness of restrictive covenants By Michael P. Tomlinson Labor and Employment Law, June 2011 The Steam Sales Corp. v. Summers decision is significant because it indicates that there may be cases in which the courts will evaluate whether protectable interests other than the already-recognized legitimate business interests can suffice to show the reasonableness of a restrictive covenant.
New amendments to Rule 26 limit discovery of experts and their lawyers By Glenn R. Gaffney Labor and Employment Law, June 2011 Important amendments to Federal Rule of Civil Procedure 26 became effective December 1, 2010.
OSHA holds general contractor responsible for exposing subcontractor’s employees to hazards By Michael R. Lied Labor and Employment Law, June 2011 A summary of the case of Secretary of Labor v. Summit Contractors, Inc.
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Title II of GINA and the EEOC regulations By Ambrose V. McCall Labor and Employment Law, June 2011 A brief overview of some of the legislative and regulatory highlights of the Genetic Information Non-Discrimination Act.
Employees vote out union after company-filed petition for election By Alan M. Kaplan Corporate Law Departments, May 2011 In a seldom-used procedure under the National Labor Relations Act (“Act”), the company filed a special "RM Petition" requesting an election.
What to do when an OSHA inspector comes to your job site By Alan M. Kaplan Corporate Law Departments, May 2011 An overview of the steps to follow when an OSHA inspector arrives at a company’s job site.
Evaluating the debate on collective bargaining in the public sector By Joshua Bailey Alternative Dispute Resolution, April 2011 In order to justify their claims, public sector unions should present a clear and convincing argument as to why collective bargaining is necessary in a government context. This would require unions to pointedly dissect the claim that government is unlike private employers and thus collective bargaining does not function correctly in the public sphere.
Union indemnifies employer for pension withdrawal liability By Michael R. Lied Labor and Employment Law, January 2010 Pittsburgh Mack Sales & Service, Inc. v. International Union of Operating Engineers, Local Union No. 66, 580 F.3d 185 (3d Cir. 2990) involved the unusual situation in which a union agreed to partially indemnify the employer for pension contributions.
Apprenticeship loan not dischargeable in bankruptcy By Michael R. Lied Labor and Employment Law, September 2009 Michael Kesler was undoubtedly surprised that he could not discharge a union apprenticeship program loan in bankruptcy court.
Federal labor law preempts Illinois antitrust claim By Michael R. Lied Labor and Employment Law, September 2009 A summary of the case of Smart v. Local 702 International Brotherhood of Electrical Workers.
Pyett: Waiver of statutory federal judicial forum rights in collective bargaining agreements By Stephen E. Balogh & Adam B.E. Lied Labor and Employment Law, September 2009 Recently, the Court’s ruling in 14 Penn Plaza v. Pyett, presented a complete break with the prior understanding of bargained-for arbitration clauses
Laid-off U.S. workers unable to claim statutory benefits while Department of Labor treats similarly situated plaintiffs differently By Juli Campagna International and Immigration Law, September 2007 Despite five administrative filings and three remand results denying Plaintiffs, the Former Employees of the Merrill Corporation, certification for Trade Adjustment Assistance (TAA) under the Trade Act, the Department of Labor has still not managed to support its findings with substantial evidence.
Seventh Circuit—still paramour-friendly By Alisa B. Arnoff Labor and Employment Law, December 2002 The Seventh Circuit Court of Appeals, in mid-September, affirmed its practice of refusing to recognize "paramour claims" in the context of Title VII sexual discrimination lawsuits.
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.
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.
District court issues permanent injunction against Illinois Department of Human Rights By Glenn R. Gaffney Labor and Employment Law, May 2002 In Cooper v. Salazar, 2001 U.S. Dist. LEXIS 17952 (N.D. Ill. Nov. 01), U.S. District Court Judge Milton Shadur issued a permanent injunction against the Illinois Department of Human Rights, with terms including:

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