Weblog Archive

 

Voluntary Leaving Under the Unemployment Insurance Act 4/19/13

 

Password Law in Effect; Covers Private, Public Sector  8/13/12

 

Court Applies Reliable Fire to 2 yr. Covenant: Enforceable  8/2/12

 

DOL Review Board Extends SOX to Private Firm  8/2/12

 

No FMLA Claim for Machine Operator  7/9/12

 

HRA Sexual Orientation Claim Fails Against City of Chicago  6/28/12

 

Pharma Sales Reps are Exempt: U.S. Supreme Court 5-4  6/19/12

 

NLRB GC Approves A Social Media Policy  6/19/12

 

Concrete Sub gets a trial for nonpayment for winter protection   5/11/12

 

Brief Reflection on the EEOC Decision in Macy v. BATF 5/4/12

 

EEOC Re-tools its Employment Screening Rule  5/4/12

 

7th Circuit OKs NLRB Election   3/29/12

 

Supreme Court to Decide  3/29/12

 

Defending Discharges at the Unemployment Hearing: Quick Refresher Course 12/21/11

 

Labor Board Plunges into New Election Procedures  12/21/11

 

Non-Compete Covenants Get Some Help from Illinois Supreme Court  12/21/11

 

Short Clips: Recent FMLA, FLSA, and ADA Cases 12/20/11

 

New Public Bond Law Kicks in 1/1/12  9/23/11

 

Chicago Region of Labor Board Goes to Court Against Union 9/2/11

 

Labor Board Case Brings Handbook to Center Stage 8/25/2011

 

Momentum continues for transgender protection in workplace; now Nevada adds broad amendment  7/15/2011

 

Liaison Between Software Developers and Ad Agencies Exempt from OT  7/14/2011

 

Benign Brain Tumor “Disability” under ADA Amendments  6/30/2011
 

Getting Poor Grades and A Lot of Absences not “Misconduct”  6/28/2011

 

For the Average Employer, No Major Fallout from Wal-Mart  6/28/2011

 

CHECK YOUR POLICIES RE: RETURN TO WORK  6/13/2011
 

Attention Fed Contractors and Subcontractors:  OFCCP Seeks new Guidelines for Vets Affirmative Action  5/19/2011

 

IDOT Worker Resuscitates “Regarded as” Claim under ADA 5/19/2011
 

7th Circuit Takes Retaliatory Discharge Verdict Away from Jury for WC Filer  4/29/2011

 

New ADA Regs from EEOC; Interpreting ADA Amendments  4/15/2011

 

No Records, No FLSA Case: Plaintiff Can’t Rely on Vague Assertions; Bus Company Wins
3/31/2011

 

Oral Complaint over time-keeping is Protected Activity under FLSA: U.S. Supreme Court

3/25/2011

 

IL Whistleblower Law Requires Refusal to Participate 3/25/2011
 

 

Bill Pending in Ill. General Assembly Would Codify Covenants not to Compete  3/18/2011

 

Proposed Budgets May Portend Federal Agencies’ Teeth  3/18/2011

 

Reflections on Staub: The Impact of Supervisors with Malice or some other Axe to Grind
3/18/2011

 

Employer’s Retaliatory Suit Thrown out of Court 2/24/2011

 

FMLA Roundup  2/21/2011

 

No Unemployment Benefits if Severance Package Taken 12/8/2010

 

"Misconduct" according to  the IDES: Dental Office Manager Uses Boss’s Credit Card
11/29/2010

 

EEOC Gets Dressed Down By Federal Judge 11/11/2010

 

When can you dock a salaried, exempt employee for time missed or wrongdoing? 11/11/2010
 

Reflections on American Medical Response: Traditional Exceptions to Employee Venting (or Worse) Apply to Sites 11/11/2010
 

Remember that “pre-lien” deadline! 11/4/2010

 

No Fixed Hours Means No Fixed Rate For O.T. 10/19/2010

 

 

Labor Board Expands Informational ActivityDirected at Customers  9/7/2010

 

Illinois Tightens Credit Checks for Employers 8/26/10

 

OSHA Heats Up:  Dr. Michaels Means Business 7/22/2010

 

Employers and the PPACA In a Nutshell: A Very Quick Look 7/22/2010

 

The New Employee Rights Notice For Federal Contractors:  In a Nutshell  6/29/10

 

The New HIRE Law in a Nutshell 6/22/10

 

When Do Attorney's Fees Shift in ERISA Cases?  6/11/10

 

ADA Accomodation: Court Reporter Could not Dictate What She Would Get  6/11/10

 

Indiana Law Allows Guns in Employee Cars 3/29/10

 

Reminder: Digital Document Policy 3/24/10

 

Illinois Law Watch  3/22/10

 

Employers Signatory to Multi-employer Plans to Face Excise Tax under New Health Care Legislation 3/22/10

 

"Pay or Play" Mandate to Cover Employers with 50 or more FTE  3/22/10

 

 

Demanding that Lienor Sue Waives Arbitration Right  2/15/10

 

New Direction in Covenants not to Compete in IL  1/20/10

Can an Employer Violate the Law by Expressing a Religious Message?   1/19/10

Annual Review 1/19/10

Dismissed Attorney gets Unemployment 7/2/09

Big Labor Law firm gets hit with wage claim; Distressed Company avoids "conversion" despite treating exempt like non-exempt   7/2/09

White Firemen Prevail at USSC; The end of "Reverse Discrimination"  7/2/09

Subcontractor Wins Lien Case before Illinois Supreme Court  6/11/09

 

Employee Waives Harassment Claim Under Broad Waiver with no Specifics  5/28/09

 

Employer Not in Violation for Refusing to Include Pregnancy Leave Accrued Before Title VII Amendment   5/19/09

 

Construction Industry Employers Turn the Tables, Sue the Unions After Arbitration 11/10/08

 

What to make of the ADA Amendments?   10/6/08

 

Carpenters Union Takes 9.4 million hit at Arbitration 9/22/08

 

Keep an Eye on Title III 9/12/08

 

READ! IMPORTANT! 8/28/08

 

EEOC Publishes "Best Practices" To Eradicate Religious Discrimination in the Workplace 8/28/08  

 

Employer Surveillance of FMLA Employee Ok'd 8/28/08

 

The High Court Raised your Bar  6/25/08

 

Yes, you can fire the guy on workers comp leave 5/30/08

 

In case you missed it: OSHA wants you to pay for safety equipment 5/5/08

 

PTSD and Employment Litigation: When will the Debate Begin?  4/28/08

 

Court Tells Illinois Cops to Take Back Plaintiff Deemed Mentally Ill 4/17/08

 

READ! IMPORTANT! 3/19/08

 

Quote of the Week Brings Perspective to Digital Docs Mania 3/14/08

 

Retaliation Charges Move Up to 2nd Slot 3/7/08

 

Seventh Circuit Reminds Employer of "Association" 2/28/08

 

US Supreme Court Backs LaRue 2/20/08

 

USDOL Issues Proposed New FMLA Regs 2/15/05

 

Truck Drivers and Overtime 2/15/08

 

Seventh Circuit Rules on FAA Section 12 1/30/08

 

E-mail  Recruiting: Spam under CAN-SPAM and Illinois Law? 1/24/08

 

Earned Vacation at Kelly's Services Illegally Denied to Employees 1/24/08

 

Is a Credit Information Sheet a Contract?: Court Says Yes 1/24/08

 

Start-up Service was Warranty Service: Lien too late 1/24/08

 

EEOC Tries to Skip Proof Tests: No Dice 1/10/08

 

A flood gate has been opened? 1/10/08

 

...and FedEx Feels Some Heat 12/24/07

 

Battista Board Oks Employer's E-mail Ban 12/24/07

 

No Libel in Good Riddance E-mail: Illinois Supreme Court 11/30/07

 

READ! IMPORTANT! 11/28/07

 

New I-9 Issued by Feds 11/9/07

 

Musings about "E Documents" and Implications for Lawsuits and other Legal Claims 11/7/07

 

EEOC Takes on Caregiving Responsibilities 10/30/07

 

Human Rights Act Now Adds Court Option 10/30/07

 

Extreme Reaction to Encounter with Dog Enough for FMLA Notice 10/24/07

 

Understanding Squibb: Putting Back Problems in Perspective 10/17/07

 

Downstate Sheriff Not Liable for Manager in Harassment Case 9/20/07

 

Standing and Smelling Impairments not ADA Disabilities 9/7/07

 

Mentors and Managers Stretched Too Thin 9/7/07

 

DHS Final Rule on Non-Match Letters 8/23/07

 

Independent Contractor or Employee? 8/23/07

 

Bonus Plans and the FMLA 8/23/07

 

Retaliatory Discharge Tort NOT Preempted by Whistleblower Act 7/12/07

 

FMLA Releases Nixed by Federal Appeals Court 7/12/07

 

Workers Comp Retaliatory Tort Claim Remanded for Trial 7/6/07

 

Employees in the Middle East and Userra's 5-year Rule 6/5/07

 

Rethinking Seniority un the Non-Union Workplace 5/21/07

 

EEOC Strikes Out on Perceived Disability Case 5/16/07

 

Harassment Incidents Represent One Violation 5/14/07

 

Intersection of Bias Laws and Bankruptcy 4/27/07

 

As Next-Gens Enter Workforce, Reinforcement Seems Vital 4/27/07

 

Landscape Contractors Strike Out in Claim for Landscape Workers Under Prevailing Wage Act 4/23/07

 

Federal Judge in Chicago OKs Retaliatory Discharge Tort for Workplace Safety Whistleblower 4/23/07

 

IWPC Has No Extra Reach; RIF Statistics Not Enough 3/29/07

 

Illinois Appeals Court Nixes Negligence Case Where Employee Nods Off 2/27/07

 

Another Illinois Appeals Court Gives WC Claimant Green Light to Sue Employer's Private Eye 1/29/07

 

Sales Worker Seeks to Use Independent Contractor Status to Get Her Own Notes into Evidence 1/25/07

 

Illinois Supreme Court Blesses MD Restrictive Covenants 1/24/07

 

GC Defamation Suit Against Union Attorney Lays an Egg 1/24/07

 

Emails in the Workplace Again: Some Courts Find Privacy 1/23/07

 

FMLA-15 Day Rule Satisfied with Warnning Memos 1/11/07

 

Reflections on the Boss Study: FSU Team Finds "Abuse"  1/11/07

Lowe Revisited: Ill Supreme Court Trims Punitive Damages  12/29/06

Serial EEOC Filer Flunks Retaliation Test       12/19/06

Long Distance Managing Changes the Way Supervisors Get Work Done through Others 12/16/06

"ESI" Rules Kick in 12/1/06                     11/21/06

Re-thinking Arbitration (and Mediation):Too pricey to be worth it? 11/6/06

Problem Managers who Don't Talk                  11/6/06

More on FMLA/ADA:Law Lightens the Burden on Employers to Inquire, But What about post-Leave Request for Time? 10/26/06

But the Board does think some charge nurses are NOT supervisors 10/17/06

New Illinois SSN# Law: Take it Seriously  10/17/06

Retaliatory Discharge claim must go to arbitration

10/12/06

 

If you're going to require arbitration in an employment case, don't wait too long!

09/27/06

Carpenters Union Gets Hit with $2.3 Million Verdict; Lake County Jury Convinced Union Organizers Defamed Antioch Firm

9/25/06

LTD Plan Strikes Out (Again) at 7th Circuit re Plan Administrator Discretion -- Argument that SPD Confers Discretion Lays an Egg

08/10/06

 

SSN Mismatch Letters: Now that the DHS has Weighed in with Regs

07/16/06

 

Sidley's RIF of Partners Must be Explained: Judge Zagel

07/16/06

 

Your "Duty of Inquiry" under FMLA

07/03/06

 

What Does Burlington Northern Mean?

06/26/06

 

NLRB: Arbitration Procedure an Unfair Labor Practice

06/26/06

 

Sub loses lien rights based on waivers from contractor; circumstantial evidence of notice insufficient

06/07/06

 

Retaliatory Discharge a No-go for "Contractual" Employee

06/07/06

 

USDOL Sues Carpenters Over 2005 Election - Claims that Union imposed unreasonable limits on

candidates and blew procedure for election of delegates

05/17/06

 

Homeowner Can't Use Construction Statute of Limitations to Avoid Roofer's Suit for Payment

05/12/06

 

Understanding Melena - IL Supreme Court Decision No License to Get Casual with ADR Agreements

05/04/06

 

Judge Lefkow Refuses Miller's Pub Server's Claim that American Express Tip Deduction Violates Wage and Hour Laws - Credit Card Charge Can be Shifted to Employee by Restaurant

04/24/06

 

 

LTD Plan Strikes Out (Again) at 7th Circuit re Plan Administrator Discretion -- Argument that SPD Confers Discretion Lays an Egg

08/10/06

 

SSN Mismatch Letters: Now that the DHS has Weighed in with Regs

07/16/06

 

Sidley's RIF of Partners Must be Explained: Judge Zagel

07/16/06

 

Your "Duty of Inquiry" under FMLA

07/03/06

 

What Does Burlington Northern Mean?

06/26/06

 

NLRB: Arbitration Procedure an Unfair Labor Practice

06/26/06

 

Sub loses lien rights based on waivers from contractor; circumstantial evidence of notice insufficient

06/07/06

 

Retaliatory Discharge a No-go for "Contractual" Employee

06/07/06

 

USDOL Sues Carpenters Over 2005 Election - Claims that Union imposed unreasonable limits on candidates and blew procedure for election of delegates

05/17/06

 

Homeowner Can't Use Construction Statute of Limitations to Avoid Roofer's Suit for Payment

05/12/06

 

Understanding Melena - IL Supreme Court Decision No License to Get Casual with ADR Agreements

05/04/06

 

Judge Lefkow Refuses Miller's Pub Server's Claim that American Express Tip Deduction Violates Wage and Hour Laws - Credit Card Charge Can be Shifted to Employee by Restaurant

 

04/24/06

 

EEOC Issues New Race Discrimination Guidelines - Old Wine in a New Bottle?

04/24/06

 

Seventh Circuit Reverses OSHA Review Commission: A Lesson in Administrative Law...And a Comment about the OSHA Website

04/14/06

 

Supplier to Walsh Subcontractor Loses Appeal on Guarantee Claim: Too Late

04/13/06

 

Get rid of "light duty"!

03/28/06

 

IBM bales out of pension plan; focuses on 401(k) plans instead

03/23/06

 

Employee who wiped computer drive, then quit, must stand trial

03/20/06

 

Is mentoring out?

03/13/06

 

Non-union contractor association flunks preemption test

03/01/06

 

Can an employee earn overtime while at a training session or a meeting?

03/01/06

 

A Mis-firing?  Bringing Back the Dischargee and Cutting your Losses...

02/13/06

 

No Attorney's Fees Allowed in Commercial Litigation Case

02/13/06

 

Follow-up to "Are they really secret?"

02/07/06

 

Religion Accommodation

02/003/06

 

Are they really secret?

02/03/06

 

Request for ADA Accommodation at time of RIF No Help to Employee

02/03/06

 

Seventh Circuit says Therapy Time is Working Time under FLSA

12/29/05

 

Chicago federal judge nixes Sidley motion to dismiss EEOC discrimination suits

12/22/05

 

Visual Disabilities as seen by the EEOC

12/19/05

 

Seasonal Lull in hours of supervision no help for Radio Shack in OT Case

12/06/05

 

US Supreme Court takes transfer case involving sexual harassment complaint

12/06/05

 

Seventh Circuit Rejects Hospital's Claim that it had no Liability for Alleged Harassment by Physician

11/18/05

 

Avoid pitfalls of the Conversational Interview

11/10/05

 

Supreme Court Clarifies Walking Time; Says Time Spent is Work Time if Dress is "Integral"

11/090/05

 

EEOC Wins Right to Keep Investigation Memo from Employer

10/18/05

 

Chronicles: How Long to Keep?

10/14/05

 

More on Chronicles

10/04/05

 

Chicago Federal Judge Orders Employer's Attorneys to Turn over Sexual Harassment Investigation Info

09/20/05

 

Illinois Prevailing Wage Act does NOT impose liability on General Contractor for Failure of Sub to comply with Act

09/13/05

 

HR LAW Fundamentals - Understanding Chronicles - Part II

09/13/05

 

No Jury Trial for Wage Payment and Collection Act Claim

09/08/05

 

Basic legal concepts for HR administration 09/06/05

 

The Continuing Saga of Lowe Excavating 08/25/05