Employment

Sep
01

Seventh Circuit Overrules Use of “Direct” and “Indirect” Tests for Analyzing Employment Discrimination Claims

Posted in Employment

The U.S. Court of Appeals for the Seventh Circuit has overruled circuit precedent requiring employees to prove bias cases through either a “direct” or an “indirect” method to establish a “convincing mosaic” of discrimination. Ortiz v. Werner...

Jan
18

Employer Did Not Retaliate in Demoting Employee for Planning to File a Fraudulent FMLA Claim

The Seventh Circuit recently held that a Costco store did not engage in a retaliatory response when it demoted a manager to cashier after learning that he was planning to file an allegedly fraudulent FMLA leave request.  The Court further held that Costco did not...

Nov
10

Seventh Circuit Closes the Successor Liability Notice Requirement Loophole Under the MPPAA Regarding “Contingent” Withdrawal Liability

The Seventh Circuit closed the loophole pertaining to the successor liability notice requirement for purchasers of assets that come with a multiemployer union pension plan. In Tsareff v. Manweb Services, 794 F.3d 841 (7th Cir. 2015), the U.S. Court of Appeals for the...

Aug
10

The Future Of Data Breach Complaints – Actual Harm Required

Courts are now requiring more than a mere increased risk of a data breach in order to have standing to file suit for data breaches. In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782 (Ill. App. Ct. August 6, 2015), the Illinois Appellate Court held that plaintiffs did...

Apr
02

Seventh Circuit Reconciles Tests For Determining General Contractor Liability For Title VII Claims By Indirect Employees

The Seventh Circuit recently reconciled the “right to control” and “economic realities” tests in holding that a construction foreman hired by a second tier subcontractor failed to show that the general contractor was an indirect employer under Title VII since the general contractor...

Mar
05

FMLA Coverage to Now Include Same-Sex Spouses

Posted in Employment

On February 23, 2015, the U.S. Department of Labor (DOL) issued Final Rule changes (RIN 1235-AA09) altering the definition of “spouse” under the Family Medical Leave Act (FMLA) and published the new definition in the Federal Register on February 25, 2015 (80 Fed. Reg. 10,162). The new rule will...

Feb
16

Employer’s Delay Defeats Summary Judgment

Posted in Employment

Generally, employers are best protected from lawsuits for terminating an employee if they document the employee’s file with reasons for the termination before acting on it. However, in Ledbetter v. Good Samaritan Ministries, 2015 U.S. App. LEXIS 1943 (7th Cir. Ill. Feb 6, 2015), the...

Nov
13

New Employment Laws Effective January 1, 2015

Posted in Employment

January 1st marks the birth of a new year and of many new laws. Two significant revisions to existing employment law – one to Illinois state employment law and one to federal employment law – become effective January 1, 2015. Maternity Leave In August 2014,...

Nov
25

New Illinois Appellate Court Decision Affects Enforceability of Non-Competes

When employers craft non-compete agreements for new hires and current employees alike, they are likely aware of the factors courts traditionally consider when analyzing their enforceability.  These factors include the length of the non-competition and non-solicitation, and the geographic...

Jul
29

FMLA Protections Expanded for Military Families

Posted in Employment

The U.S. Department of Labor recently celebrated the 20th anniversary of the signing of the Family and Medical Leave Act by issuing a final rule implementing important expansions of FMLA protections. One expansion provides families of eligible veterans with the same job-protected FMLA leave...

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