Labor & Employment

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

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2004 Articles

Casino’s policies violate National Labor Relations Act By Michael R. Lied 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").
Dealing with employee morale after a reduction in force (RIF) By Valerie C. Perera August 2004 Since the year 2000, America has experienced the single largest employment slump in U.S. history.
Deposing the “master” By William J. Borah February 2004 It is not what the truth is, it is what we can prove."
Dues are due (and due and due. . .) By J.A. Sebastian August 2004 Public Act 93-853 (House Bill 4374) signed into law August 2, 2004, amends the Illinois Public Relations Act, Section 6(f), (5 ILCS 315/6(f)), to require employers to continue to collect union dues even after the collective bargaining agreement has ended.
Editor’s notes February 2004 The next two issues will be long ones. Bill Borah and I recently spoke at an IICLE program.
Employer blows filing deadline By Michael R. Lied 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.
How much does a peppercorn cost?: Modification of existing employment relationships after Doyle v. Holy Cross Hospital By Stephen E. Balogh & Brendan A. Maher August 2004 The question is asked by an employer, "Can I make my employees sign covenants not to compete?"
Illinois enacts Right to Breastfeed Act By Michael R. Lied November 2004 On August 16, 2004, the Illinois Right to Breastfeed Act became effective.
Making the law work: The Illinois Wage Payment and Collection Act By Patrick M. Kinnally August 2004 There are at least two statutes in Illinois which assist employees when an employer fails to adhere to an agreement or contract to pay an employee for wages.
The new overtime rule and application By Bart A. Basi & Marcus S. Renwick November 2004 Confusion is the word for employers regarding the new labor rules! The new labor law collectively known as The Fair Labor Standards Act of 2004 has been in effect since August 23, 2004.
No earrings for men: Is that a problem? By Michael R. Lied 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.
No jury and no compensatory damages, no punitives in ADA retaliation claim By Lorna K. Geiler April 2004 Colleen Kramer sued her former employer, Bank of America Securities, LLC ("BOA") for, among other things, retaliatory discharge under the Americans with Disabilities Act ("ADA").
The plaintiff’s deposition By Michael R. Lied 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.
Restrictive covenant / covenant not to compete update By Michael R. Lied June 2004 The courts continue to churn out cases interpreting restrictive covenants in the employment context. An analysis of some recent cases follows.
Seventh Circuit clarifies at-will employment status under 42 U.S.C. section 1981 By Nile J. Williamson April 2004 Most Illinois employees work under an at-will employment status such that they can be fired for any reason or no reason at any time.
“Support Our Troops,”- it’s more than a bumper sticker: Proposed regulations for implementation of USERRA1 By Stephen E. Balogh November 2004 In April, 2003, this publication told us "what every employer should know" about the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA" or the "Act").
Synopses of selected 2003 FMLA decisions By Alisa B. Arnoff April 2004 Administrative hearing officer found employee terminated for cause; employee did not appeal the decision.