Labor & Employment

The newsletter of the ISBA’s Section on Labor & Employment Law

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2000 Articles

A break for IDHR complainants? By Donald S. Rothschild & Richard F. Bruen, Jr. April 2000 Cooper v. Salazar is a class action lawsuit now pending before the U.S. District Court of the Northern District of Illinois, before Judge Milton I. Shadur. Plaintiffs are alleging that certain 1996 amendments to the Illinois Human Rights Act ("IHRA") violate the Due Process Clause of the 14th Amendment.
Courts uphold human rights act changes By Michael R. Lied April 2000 This article is a bit of a follow-up to the article by Don Rothchild and Richard Bruen, Jr.
Courts void FMLA regulations By Michael R. Lied 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.
Damages award includes unrealized stock option appreciation September 2000 Greene, a division manager for Safeway Stores, was terminated at age 52. In two more years, he would have vested in a supplemental pension plan.
Discrimination in hiring: employers beware of testers! By Elaine Massock September 2000 On July 5, 2000, the Seventh Circuit Court of Appeals, the federal court with binding authority in Illinois, Indiana and Wisconsin, decided that an employer can be held liable for money damages for failing to hire minority applicants even though the applicants do not really want the job.
Do you create a “precedent” by giving severance pay? By Michael R. Lied December 2000 Business people sometimes wonder if giving one employee severance pay creates a legal duty to provide severance pay to other employees.
EEOC and IDHR training offered By Elaine Massock September 2000 The Illinois Department of Human Rights offers training programs for employers that are free-of-charge through its Institute for Training and Development.
ERISA “safe harbor” language may provide protection By Michael R. Lied June 2000 In late February, the Seventh Circuit issued an important decision relating to employee benefit plans.
Fair Labor Standards Act: Is your supervisor really exempt? By Bruce C. Beal December 2000 Generally speaking, the Fair Labor Standards Act requires that you pay all employees overtime for any work in excess of forty hours in a workweek. Overtime is to be paid at the rate of one and one-half times the straight hourly rate for the employee working.
Illinois State Bar Association minutes of the Labor and Employment Law Section Council meetings April 2000 The meeting was called to order at 1:30 p.m. by Mr. Don Rothschild. The following members were present:
ISBA adopts resolution requesting modifications to Department of Human Rights’ procedures expanding upon the federal injunction affirmed by Seventh Circuit in Cooper v. Salazar By Glenn R. Gaffney December 2000 On January 29, 1999, Judge Milton Shadur of the Northern District of Illinois, issued an injunction against the Illinois Department of Human Rights in the case of Ricky Cooper v. Rosemary Bombella, Director, Illinois Department of Human Rights
Private companies must permit nonunion employees predisciplinary hearings By Elaine Massock September 2000 On July 10, 2000, the National Labor Relations Board (NLRB) decided a case called Epilepsy Foundation of Northeast Ohio, applying what is known as the "Weingarten rule" to employees in non-unionized workplaces.
Private investigators in work place invade employee privacy By Michael R. Lied 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.
Seventh circuit decision also provides union election law primer By Michael R. Lied 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.
Seventh Circuit on severance pay By Michael R. Lied 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.
Seventh Circuit provides “safe harbor” language for benefit plans By Michael R. Lied April 2000 In late February, the United States Court of Appeals for the Seventh Circuit issued an important decision relating to employee benefit plans.
Supreme Court alert By Elaine Massock September 2000 State and local employers can force employees to use accumulated compensatory time, according to the U.S. Supreme Court.