Category: Employment Law
Reasonable Accommodations Do Not Need to Satisfy Everyone
Employers do not need to provide every accommodation requested by an employee to be in compliance with the Americans with Disabilities Act (“ADA”). The Northern District of Illinois recently reaffirmed this principle in the case of Alanis v. Metra, 12-cv-7508. In this case, Alanis, a 10 year veteran at Metra, began suffering from a variety
Illinois’s Freedom to Work Act
In Illinois, non-compete clauses are routinely under some form of attack as employees, employers, legislators, and the judiciary try to balance the freedom of contract against individual workers’ freedoms. Employers typically see non-compete clauses as a way to protect their intellectual properties, trade secrets, and client/customer contacts. Employees often see such clauses as a barrier
Updated: Final Overtime Rule from the U.S. Department of Labor
The new overtime rule from the United States Department of Labor takes effect on December 1, 2016. This new rule will affect businesses of every size across the country. The new rule roughly doubles what minimum salaried employees can earn before they are classified as exempt from receiving overtime pay for working more than 40
Failure To Inform Insured Of A Change In Policy Coverage Results In Expanded Liability For An Insurance Company
One of the most basic and powerful tools available for every party to a lawsuit is found under Illinois Supreme Court Rule 213. Simply known as “Interrogatories,” these questions provide a party with the tools to ask questions to the adverse party which must be answered truthfully and fully, outside of any objections. These questions
When are non-compete clauses too restrictive?
When it comes to non-compete clauses in employment agreements or employee handbooks, the first thing that comes to mind is that the position must be one that is of utter importance to the employer; that the employee is going to access to trade secrets and other confidential information. However, non-compete clauses are finding their way
The Seventh Circuit Finds that Sexual Orientation Is Still Not a Protected Class Under Title VII
The Federal Seventh Circuit Court of Appeals, recently rejected a professor’s claim that she had been unlawfully denied full-time employment because of her sexual orientation. Hively v. Ivy Tech Comm. College, 2016 WL 439703 (7th Cir. July 28, 2016). The case was brought by Kimberly Hively, a lesbian, part time adjunct professor at Ivy Tech
Does cutting hours to satisfy ACA, violate ERISA?
The Affordable Care Act, sometimes referred to as Obamacare or the ACA, requires employers who employ 50 or more “full-time equivalents” to offer affordable minimum-value coverage to those employees and their dependents or pay a penalty in the event that any of their full-time employees receive federal premium assistance to purchase individual coverage in the
The Employment Law Multiverse: Management, Employees, Unions, and the NLRB
Even in its simplest form, employment law is very complicated. Throw in unions and the National Labor Relations Board, and things can go from merely complicated to near quantum mechanics level of complexity, with all the multiverses and theoreticals that may or may not go along with it. Take Nichols Aluminum, LLC (“Nichols”), for example.
A Hostile Work Environment, or Simply in Bad Taste?
Every Friday, Cabela’s, a hunting, fishing and outdoor merchandise store in Hoffman Estates, held “Fun Fridays” to promote employee morale. Fun Fridays included anything from treats being brought into the office or games being played in the break room. On December 21, 2012, the tradition continued when a manager created eight videos from the website
Evolving Changes in Restrictive Covenant Requirements in Illinois
Prior to 2013, employers could argue that the fact of employment for a certain “substantial” period of time constituted adequate consideration to support a non-competition agreement. Since that time, several decisions throughout Illinois have turned that argument on its head. With each new decision, the general understanding of what constitutes consideration has shifted. In the