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Illinois

State’s Attorney’s job fair recruits minority lawyers

10/01/2007

Responding to criticism that the Illinois State’s Attorney’s Office lacks prosecutors of color, the agency recently held a “Minority Job Fair for Licensed Attorneys.” Former Illinois Appellate Court Justice R. Eugene Pincham alleged in an interview that the state’s attorney’s office had only 40 minority prosecutors out of 950 …

Governor signs Employee Classification Act

10/01/2007

Gov. Rod Blagojevich signed Illinois’ Employee Classification Act into law in early August. The law targets the construction industry with the intent to prevent employers from misclassifying employees as independent contractors. Under the law, people performing construction work are presumed to be employees unless they can meet the ABC test …

Understanding how Illinois leave laws overlap with FMLA

10/01/2007

Illinois employers must comply with numerous state leave laws, in addition to the federal FMLA. To track leave usage, employers must understand which state leave laws overlap with the FMLA …

Court to decide if changing leave policy violates USERRA

09/01/2007

With the wars in Iraq and Afghanistan showing no signs of abating, more and more employees in the National Guard and Reserve have to spend time away from the workplace. For employers, managing a work force with more than one service member on staff has become something of a logistical nightmare. And some employers are backing away from previously generous efforts to help service members balance military commitments and work …

OK to punish worker acting alone to end alleged harassment

09/01/2007

When it comes to sexual harassment, employers need a clear policy and a process that allows employees to come forward with claims. That’s really the only way an organization can protect itself. But what if an employee who thinks he’s being harassed ignores your policy and acts alone to contact the alleged harasser anonymously? If this “self-help” seems to threaten the alleged harasser, you can punish the employee without worrying about liability …

Make sure independent contractor honors pay obligations

09/01/2007

If your business is seasonal, you may rely on an independent contractor to provide extra workers during crunch times. Whether it’s harvesting a crop, having the office cleaned or counting inventory, you must take steps to ensure your contractor pays his or her employees minimum wage and overtime …

Catch phrases can be code for discrimination

09/01/2007

Does your organization use phrases such as “fits our culture” or “understands our vision” as part of the hiring decision? If so, you may be setting yourself up for a discrimination lawsuit. Why? Because courts and juries sometimes view such subjective language as evidence that something else lies behind those phrases …

Independent inquiry saves the day on supervisor harassment

09/01/2007

Employers can fairly easily limit their liability in sexual harassment cases. Rigorously enforcing a solid harassment policy does the trick. But supervisor harassment is another matter. When a supervisor allegedly harasses a subordinate, the employer is liable unless it can show that some “tangible employment action” by the supervisor didn’t adversely affect
the victim …

Whistle-Blower law doesn’t limit right to sue for nongovernment reporting

09/01/2007

Before the Illinois Whistleblower Act became law, employees could sue employers for retaliatory discharge if they reported wrongdoing either internally or to the government or the media. Some lawyers thought the act wiped out such broad employee protections. Now an Illinois appeals court has clarified that employees are protected even if they take their complaints outside an employer’s formal resolutions process …

Complaining about working conditions—And public policy violations—Also protected

09/01/2007

An employee who reports that his or her employer is violating state or federal law may be protected from discharge. The employee can sue for retaliatory discharge and also on the premise that firing him or her violates public policy …