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Employment Law

How will Illinois’ wage law change next year?

09/16/2010
Q. How are employees affected by the amendment to the Illinois Wage Payment and Collection Act?

When it comes to discrimination, the customer isn’t always right

09/16/2010
Employment discrimination has been illegal for decades, but prejudice lives on. Even if bigoted customers insist on discriminating because of race, employers must still comply with the law.

WIU settles with coach who was fired after cancer diagnosis

09/16/2010
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.

EEOC looks at last-chance agreements barring lawsuits

09/16/2010

Steven Whitlow, an employee at a Cognis plant in Kankakee, signed a last-chance agreement that forfeited his right to file charges against Cognis with any civil rights commission or government authority. Later, Whitlow rescinded his agreement, stating that he did not want to waive his civil rights. When Cognis terminated him, he filed a complaint with the EEOC.

Document specific reasoning behind differing punishments

09/16/2010
Many employers keep their disciplinary policies vaguely worded because they want some flexibility in dealing with employee behavior. That’s fine as long as you carefully document why you are punishing one employee more harshly than another.

EEOC dragging its feet? Don’t get complacent

09/16/2010

The EEOC often takes its sweet time preparing cases for litigation. Don’t let the foot-dragging lull you into inaction! Treat the case as if it will eventually end up in court. Gather any documentary evidence now before it disappears or employees who know the details retire or quit.

Caution government supervisors: You could be personally liable for FMLA violations

09/16/2010
Supervisors and managers who work for private employers have long been held personally liable for FMLA violations in which they participate. Now supervisors and managers who work for government agencies are also liable.

New laws for a new year: Illinois employers face new credit check, wage payment requirements

09/16/2010

The Illinois General Assembly has been busy, passing legislation that HR professionals need to know about. Specifically: the Employee Credit Privacy Act, which prohibits many Illinois employers from basing hiring, promotion and other employment decisions on the credit histories of employees and job applicants, and the Wage Payment and Collection Act, which protects employees who have not been paid all their wages.

Durbin wants to codify FMLA’s redefinition of family

09/16/2010
U.S. Sen. Dick Durbin (D-Illinois) has introduced legislation to formally expand the definition of “family” under the FMLA to include “a same-sex spouse, domestic partner, parent-in-law, adult child, sibling or grandparent.”

Driving restrictions may create ADA disability

09/16/2010

Generally, an individual whose medical condition results in driving restrictions isn’t considered disabled under the ADA. Courts consistently have held that driving is not a major life activity. But courts have also been willing to say that an individual whose driving restriction makes it hard to access available jobs may qualify for ADA protection because the inability to drive substantially impairs the ability to work.