Labor & Employment

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

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2015 Articles

Case note: Whitaker v. Milwaukee County, Wisconsin By David Krchak March 2015 This opinion, decided November 25, 2014, establishes the law in the Seventh Circuit that at least for ADA discrimination claims, “joint employer” does not mean that under all circumstances two joint employers are both liable for any proven acts of discrimination under the statute.
Common law retaliatory discharge By Shari R. Rhode June 2015 A summary of Flick v. Southern Illinois Healthcare, NFP.
Defending FMLA interference claims: Employer’s burden is more strict under Collective Bargaining Agreements … honestly speaking By Paul G. Prendergast & James S. Shovlin September 2015 The Seventh Circuit has determined that “because an employee has ‘no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed,’ an employer need only show that ‘it refused to reinstate the employee based on an honest suspicion that she was abusing her leave.’”
Drug testing retaliatory discharge claim fails on issues of causation By Michael R. Lied March 2015 A summary of the recent case of Phillips v. Continental Tire The Americas, LLC.
Employees failing to use employer’s recordkeeping system lose overtime claims By Michael R. Lied February 2015 Three recent cases make clear employees have an obligation to record their work time accurately.
Employer bungles handling of discrimination charge By Michael R. Lied December 2015 A summary of Windsor Clothing Store v. Castro.
Identification of misclassified employees By David Krchak December 2015 A look at Administrator David Weil’s explanation of the six factors of the "economic realities" test to determine whether a worker is an independent contractor.
Illinois amends Equal Pay Act By Michael R. Lied September 2015 Effective January 1, 2016, the Act is amended to cover all Illinois employers, rather than only employers of four or more employees.
Illinois Human Rights Commission decision summary By Laura D. Mruk September 2015 A summary of the recent decision in Christopher Cross and Cook County, d/b/a Oak Forest Hospital of Cook County, Corporate Business Cards, Ltd. v. Illinois Human Rights Commission, Illinois Department of Human Rights, and William Kosmeija.
Illinois Human Rights Commission decision summary By Laura D. Mruk March 2015 An update in the case of Corporate Business Cards, Ltd. v. Illinois Human Rights Commission, Illinois Department of Human Rights, and William Kosmieja.
Illinois Pregnancy Discrimination Law By Brian M. Dougherty February 2015 What employers need to know about this new law.
Illinois regulates payroll cards By Michael R. Lied March 2015 An overview of the amendments to the Illinois Wage Payment and Collection Act.
New limits on community college employment contracts By Michael R. Lied December 2015 The Public Community College Act was recently amended to impose certain limitations on employment contracts.
NLRB ambush election rules and e-mail communications—Labor Board ushers in fundamental changes favoring big labor By Mark A. Spognardi December 2015 The decision in Purple Communications and the quickie election rules are designed to reinvigorate the union movement with a new generation of young, millennial employees, without which the union movement will wither away.
Pension Protection Clause of the Illinois Constitution prevails By Aaron B. Maduff September 2015 In In re Pension Reform Litigation the Illinois Supreme Court ruled 7-0 to affirm the decision of the Circuit Court of Sangamon County holding Public Act 98-599 unconstitutional as violating the Pension Protection Clause of the Illinois Constitution.
Proof of receipt and FMLA notifications By Marji Swanson February 2015 When sending any required notices under the Act, no matter what form is required for notification, employers should maintain actual proof of receipt by the employee.
Regular attendance remains an essential job requirement notwithstanding employer’s work-at-home policy By Jon D. Hoag March 2015 The 7th Circuit’s recent decision in Taylor-Novotny v. Health Alliance Medical Plans, Inc. provides a reminder to all employers that in order for an employee to establish an ADA claim she must show that she is a “qualified individual with a disability.”
The true meaning of interpretive rules under the Administrative Procedure Act: Perez v. Mortgage Bankers Ass’n, 135 S. Ct. 1199 (2015) By Arsenio L. Mims June 2015 Because of the Perez decision, when a federal agency now wishes to issue an interpretation of a regulation that deviates significantly from its previous interpretation the agency can do so without having to engage in the formalities of notice-and-comment rulemaking.
U.S. Supreme Court finds security screenings not compensable under the FLSA By Jon D. Hoag February 2015 While the holding in Integrity Staffing is certainly a win for employers, mismanagement of preliminary or postiliminary requirements could lead to union organizing, demands, or other pressure.
Workplace wellness programs draw scrutiny from the EEOC By Michael K. Chropowicz & Ronald J. Passarelli March 2015 While the purported benefits to employers of maintaining wellness programs may be clear, uncertainty regarding the legality of such programs appears to be increasing.