Labor & Employment

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

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2020 Articles

ADA Permits Employers to Require Medical Examinations for Problematic Behavior By Fiona W. Ong June 2020 Two federal appellate courts in May 2020 affirmed the right of employers under the Americans with Disabilities Act to require a medical examination to assess an employee’s fitness for duty based upon troubling conduct.
The Black Lives Matter Movement and the Workplace By Corina Valderrama August 2020 A look at what companies around the country are doing in response to the Black Lives Matter movement.
Cities Legislate Employee Rights in Response to COVID-19 By Julie Trester & Jeremy Glenn June 2020 COVID-19 is leading to municipal legislation in the employment context and the impact of the crisis on employee rights could be substantial.
Court Fashions Test for Challenging Collective Action Notices Based on Arbitration Agreements By Michael R. Lied March 2020 A summary of Bigger v. Facebook, Inc.
Court Refuses Discovery of Litigation Funding Information By Michael R. Lied March 2020 A summary of  In re Valsartan N-Nitrosodimethylamine (NDMA) Contamination Products Liability Litigation.
Court Will Not Aggregate Employees of Separate Companies to Reach Title VII Threshold By Michael R. Lied December 2020 InPrince v. Appleton Auto, LLC, the plaintiff's attempt to try to combine the employees of several related companies to reach or exceed the necessary number of employees for the company to be subject to specific employment laws was rejected.
D.C. Circuit Reminds the NLRB That a Weingarten Request Requires a ‘Request’ By Jennifer L. Mora August 2020 In Circus Circus Casinos Inc. v. NLRB, the U.S. Court of Appeals for the D.C. Circuit denied the National Labor Relations Board’s cross-application for enforcement of its decision, where the court found, among other things, that the Board had “significantly alter[ed] the test for valid Weingarten requests to cover the facts of this case.”
Department of Labor Issues New Guidance on Whether Employees Must be Paid for Travel and Training By Scott Kiplinger & Chris Thrutchley December 2020 The Wage and Hour Division of the U.S. Department of Labor recently issued two opinion letters detailing how employers must calculate compensable hours worked under the Fair Labor Standards Act.
Employee NDAs Need Recalibration Under Illinois Law By Paul Starkman March 2020 The Illinois Workplace Transparency Act will affect Illinois employers’ use of workplace confidentiality, nondisparagement, noncooperation, and arbitration provisions.
Employers Must Use New I-9 Employment Verification Forms By Michael R. Lied March 2020 As of Jan. 31, employers should begin using Form I-9 with revision date of October 21, 2019, to comply with their employment eligibility verification responsibilities.
Employment Law Claims Arising Out of the COVID-19 Pandemic By David Fish June 2020 A look at the types of employment cases that will result because fo the COVID-19 pandemic.
Expert Testimony on Implicit Bias Barred By Michael R. Lied March 2020 A summary of Abdullah Haydar v. Amazon Corporate LLC.
Five Issues to Consider When Using Survey Data to Support Employment Litigation: How ‘Mental Math’ Can Cause Survey Fatigue and Lead to Errors By Kristen Backor & Abby Turner October 2020 Five considerations that should be taken into account when drafting any survey.
A ‘Get Out of Masking Free’ Card Based on the ADA? By James M. Paul & Andrew L. Metcalf August 2020 The sudden appearance of fraudulent face mask exemption identification cards gives business owners and managers an opportunity to review the contours of disability access and reasonable accommodation law.
Illinois High Court Will Not Apply Federal Successor Liability Doctrine By Michael R. Lied October 2020 In People ex rel. Department of Human Rights v. Oakridge Healthcare Center, LLC, the Illinois Supreme Court considered, but rejected, the federal approach to successor liability in cases under the Illinois Human Rights Act.
New Illinois and Chicago Employment Laws Effective July 1, 2020 By Sukrat A. Baber August 2020 A snapshot of new employment laws that went into effect in Illinois, some specific to Chicago, on July 1.
Ninth Circuit Issues Two (Mostly) Pro-Employer Background Check Decisions By Gustavo A. Suarez & Stephen R. Woods June 2020 A look at the two recently issued ninth circuit mostly pro-employer federal Fair Credit Reporting Act decisions, Walker v. Fred Meyer, Inc. and Luna v. Hansen & Adkins Transport, Inc.
Nondisparagement Clause Does Not Violate National Labor Relations Act By Michael R. Lied December 2020 In IGT d/b/a International Game Technology, the general counsel alleged that IGT violated section 8(a)(1) of the National Labor Relations Act by maintaining an overly-broad nondisparagement provision in an agreement.
Pandemic/COVID-19 Workplace Claims – A Plaintiff’s Perspective By David Fish December 2020 A look at the types of employment cases that we will continue to see on the rise as a result of COVID-19.
Political Expression in the Workplace: Practical Tips for Employers By Caroline Burnett September 2020 Tips for employers to keep political polarization from seeping into the workplace.
1 comment (Most recent October 7, 2020)
Protections for COVID-19 Whistleblowers in Healthcare By Alan Kabat & Devin Wrigley May 2020 Many employees in the healthcare field are raising concerns about their employers’ failure to adhere to national and local recommendations for preventing the spread of COVID-19. But what legal protections do these employees have against retaliation for speaking out?
Reimbursement Revisited: Teleworking Costs in the Age Of COVID-19 By Christopher Hennessy & Jeremy Glenn May 2020 Given the unprecedented surge in teleworking, further discussion is warranted in an effort to predict how Illinois courts may interpret the Wage Payment and Collection Act when evaluating reimbursement of potential costs associated with teleworking.
Sixth Circuit Court of Appeals Limits Enforcement of NLRB Special Remedies By Brian J. Moore October 2020 In an early September decision, the court of appeals has limited the use of “special remedies” by the National Labor Relations Board.
Summary of Recent Legislative Changes to the Illinois Human Rights Act and More By Glenn Gaffney March 2020 The Illinois General Assembly recently passed numerous legislative amendments to the Illinois Human Rights Act, signed into law by Governor Pritzker.
Together We Can Teach New Ways to Resolve Grievances By Hon. Michael S. Jordan September 2020 A look at how video meetings can provide a safer, more efficient, and less costly way to resolve conflicts.
U.S. DOL’s ‘Joint Employer’ Rule Struck Down, Now What? By Christina Fugate & Paul C. Sweeney October 2020 On January 16, 2020, the Wage and Hour Division of the U.S. Department of Labor published its final rule to revise and update its regulations regarding joint employer status, announcing a four-factor balancing test for determining vertical FLSA joint employer status.
U.S. Privacy Law Implications With the Use of No-Contact Temperature Taking Devices By David Stauss, Malia Rogers, & Megan Herr June 2020 As U.S. companies start planning and implementing return-to-work plans, many are considering whether to use no-contact temperature taking devices.
Vaccinate or Terminate: Mandatory Vaccination as Workplace Policy By Jen Rubin September 2020 Although it may seem natural to want to implement a mandatory vaccination program as soon as a COVID-19 vaccine is widely available to ensure employee health and safety, employers considering doing so should proceed with caution.
What Kind of Evidence Must an Employee Present to Prove He Worked Unpaid Overtime? By Michael R. Lied May 2020 A summary of VIET v. LE.