Protecting Employers Since 1985
On May 23, 2019 the Illinois Supreme Court ruled, in Jane Doe v. Chad Coe et al. – a case of first impression for the court – what elements are necessary to pursue a lawsuit for “negligent supervision” of an employee. Most state courts recognize claims against employers for negligence regarding their employees who harm…
Read MoreClients have called me recently (with increasing frequency) seeking legal advice on how to respond to the “no match letter” that they suddenly received in the mail from the Social Security Administration. It is a two page letter entitled “Employer Correction Request.” NUMBER OF EMPLOYEE NAMES AND SSNs THAT DO NOT MATCH: This Employer Correction…
Read MoreHere are some of the most news-worthy developments in labor law for the first months of 2019. Local Right to Work Laws in Illinois Now Banned Governor Pritzker on April 12, 2019, signed legislation which prohibits local governments from passing Right to Work ordinances. Right to Work laws bar employers and unions from entering into…
Read MoreBy now, every Employer in the State of Illinois is aware of the Illinois Supreme Court Decision in the Rosenbach v. Six Flaggs Entertainment Corporation and the State Supreme Court interpretation that, under the context of the Illinois Biometric Privacy Act, a Plaintiff does not need to show an “actual injury” to process a claim,…
Read MoreIn order to have non-compete agreements which have a chance of being found legally enforceable by an Illinois judge, Illinois employers must carefully figure out the scope of activities to be restricted by their proposed non-compete agreements. Employers relying on the protection of a non-compete agreement naturally want to protect the company’s legitimate business interests.…
Read MoreIn 2016, under the Obama administration, the EEOC significantly revised its EEO-1 report to require that covered entities – private employers with 100 or more employees, or federal contractors with at least 50 employees – begin to report how much they pay workers, broken down between sex, race and ethnicity. The stated rationale for this…
Read MoreIt has now become almost axiomatic that any given alleged violation of the Fair Labor Standards Act – calculation of the overtime rate, rounding procedures, travel time, exempt status, etc., can, and most certainly will, become the basis for a class action lawsuit, since a violation toward the one generally involves a violation toward the…
Read MoreWorkers filed 8,000 fewer charges in Fiscal Year 2018 (October 1, 2017 through September 30, 2018) when the EEOC took in 76,418 charges. This total is the lowest since Fiscal 2006 when the agency took in a little under 76,000 charges. The “breakdown of charges” is as follows: Approximately 39,000 charges alleging retaliation; 24,600 charges…
Read MoreThe Illinois Department of Human Rights (“IDHR”) is the agency that administers the Illinois Human Rights Act (“IHRA”), the state law that outlaws discrimination, harassment and retaliation by most employers in Illinois. The IDHR’s federal counterpart is the Equal Employment Opportunity Commission (“EEOC”), which administers the federal laws preventing the same type of violations. In…
Read MoreIn Illinois, deductions from paychecks must be done very carefully. Illinois employers need to be aware of the tricky web of laws and regulations which often prevent the employer from simply deducting, unilaterally, from the employee’s paycheck-even when the employer is merely paying the Company back for a loan taken out by the employee. An…
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