Publications
Labor and Employment Planning for 2012 12/23/2011 There are always developments in the area of labor and employment law. This article will discuss a handful of considerations for the New Year.
How Similar Is Similar? 11/29/2011 In a recent case, the Seventh Circuit Court of Appeals provided guidance on determining which employees may be similarly situated to the plaintiff in a discrimination case.
Accusing Employee of "Playing the Race Card" Keeps His Case Alive 11/29/2011
Human Resources Director Allegedly Makes Admissions of Discrimination and Retaliation 11/29/2011
The Unusual Case - Plaintiff Is Stuck With Defendant's Attorney's Fees 10/10/2011
Court Rejects Employee's Discrimination and Retaliation Claims 10/10/2011
Case Dismissed When Plaintiff Fails to Sign Settlement Agreement 10/10/2011
Uncertain Times Require Sound Planning: The Role and Impact of Strategic Planning in Successful Community Banking 9/28/2011 The U.S. Treasury’s approach regarding the Small Business Lending Fund and the actions of bank regulatory agencies inhibiting a bankers’ ability to make loans to credit– worthy borrowers are but two of the most recent examples of actions creating challenges for community banks and their returning to profitability. This, combined with continued anxiety surrounding the mixed effects of Dodd-Frank on smaller banks has created a lot of discussion around the right path forward for community bankers.
Appeals Court Examines Amounts In Controversy 9/28/2011 In two recent cases the Seventh Circuit Court of Appeals considered how to determine what amount of money is at issue in a lawsuit.
The Illinois Civil Union Act and Employer-Provided Health Insurance 9/8/2011 Effective June 1, 2011, unmarried adult partners can enter into a civil union in the State of Illinois by virtue of the Religious Freedom Protection and Civil Union Act.
The NLRB and Social Media Revisited 8/12/2011
EEOC Issues Final Rules on Disabilities Act Amendments [pdf] 6/21/2011
Employer/Employee Issues 6/21/2011
Freedom of Information Act and Employment Records 6/14/2011
Executive Fired For False Cause Obtains Multimillion Defamation Award 5/24/2011
New EEOC Regulations Provide Expansive Definition of Disability 5/24/2011 The Equal Employment Opportunity Commission recently issued final rules interpreting the Americans with Disabilities Act Amendments Act of 2008, effective May 24, 2011. The regulations follow the ADAAA's objective to broaden coverage of the Act.
New Federal Protection for Exempt Funds in a Garnished Bank Account 4/27/2011
New EEOC Regulations Provide Expansive Definition of Disability 4/25/2011 The Equal Employment Opportunity Commission recently issued final rules interpreting the Americans with Disabilities Act Amendments Act of 2008, effective May 24, 2011. The regulations follow the ADAAA's objective to broaden coverage of the Act. The regulations also clearly change the normal focus from whether an employee has a disability as defined in the statute to whether the employer has satisfied its obligation to accommodate a disability.
Walking a Tightrope: The delicate balance of implementing sound foreclosure strategies [pdf] 4/20/2011
Employee's Treating Physicians Considered to be Retained Experts 3/4/2011
What Business Owners Should Know About Raising Capital 2/11/2011
Court Expands Insured's Right to Independent Counsel 2/8/2011 Under a liability insurance policy, the insurer typically provides the insured with an attorney appointed by the insurer who defends the insured during covered lawsuits. These defense attorneys frequently work repeatedly with the same insurance companies and there can be occasions where there may be a conflict of interest with the insured.
Prevailing Wage Act Bites Contractor 1/26/2011
Personal Jurisdiction In The Internet Age 1/26/2011 Two recent decisions of the Seventh Circuit Court of Appeals clarify what acts may subject a defendant to personal jurisdiction.
Changes in the Law Governing Public Utilities [pdf] 1/4/2011
Illinois Institute for Continuing Legal Education - 2011 Edition of Employment Termination 12/23/2010
USCIS Changes Filing Requirements for Immigrant Foreign Religious Workers 12/23/2010
Court Upholds OSHA's Multiple Violation Rule 12/23/2010 The United States Secretary of Labor amended certain rules under the Occupational Safety and Health Act to clarify that an employer’s failure to provide respirators or workplace training constitutes not just a single violation of the applicable standards, but instead constitutes separate violations for each employee who did not receive the respirator or training.
Court of Appeals Affirms Validity of Restrictive Covenant 12/23/2010
Immigrant EB-5 Investor Visa 12/22/2010 The EB-5 visa category allows certain wealthy alien investors to seek permanent residence in the United States.
Court Upholds OSHA's Multiple Violation Rule 10/26/2010 The United States Secretary of Labor amended certain rules under the Occupational Safety and Health Act to clarify that an employer's failure to provide respirators or workplace training constitutes not just a single violation of the applicable standards, but instead constitutes separate violations for each employee who did not receive the respirator or training.
Fitness-For-Duty Exams Upheld 10/8/2010
Employer's Media Policy Violates Labor Law 7/26/2010 A two-member panel of the National Labor Relations Board ("Board") agreed with an Administrative Law Judge (“ALJ") that the casino employer violated the National Labor Relations Act ("Act") by maintaining and enforcing unlawfully broad rules prohibiting employees from releasing statements to the news media without prior approval, and authorizing only certain persons to speak with the media.
Making Entrepreneurial Luck 6/10/2010
Employer's Media Policy Violates Labor Law 4/29/2010 A two-member panel of the National Labor Relations Board ("Board") agreed with an Administrative Law Judge ("ALJ") that the casino employer violated the National Labor Relations Act ("Act") by maintaining and enforcing unlawfully broad rules prohibiting employees from releasing statements to the news media without prior approval, and authorizing only certain persons to speak with the media.
Department of Labor Decides Most Mortgage Loan Officers Are Not Exempt Employees Under Wage Hour Law 4/12/2010 The U.S. Department of Labor recently decided it would begin to issue "Administrator's Interpretations." In the first such interpretation, the Deputy Administrator concluded that most mortgage loan officers are not exempt from the overtime provisions of the Fair Labor Standards Act under the so-called "administrative" exemption.
Labor Unions and Financial Institutions 4/12/2010 Do financial institutions need to worry about union organizing? Maybe. In the recent financial meltdown, labor unions have stridently attacked the big banks and Wall Street.
Court Upholds Bonus Forfeiture For Going To Work For Competitor 4/6/2010 Viad Corporation filed a one-count complaint alleging that Anne Houghton breached a provision in Viad's Management Incentive Plan when she left her employment and took a job with a competitor.
New Questions as State Mulls Wolverine Coal Permit: Co-op sees big demand drop, ignores a cheaper, cleaner power plant 2/9/2010 As a rural electric co-op awaits a state decision on its push to build a controversial new coal-fired power plant in Rogers City, evidence continues to accumulate that the firm does not need the plant and, instead, could buy cheaper electricity from a significantly cleaner-burning facility in southwestern Michigan.
Bildisco Rising: The Rejection of Public CBAs under Vallejo II [pdf] 1/13/2010
Why You Should Preserve Your Former Employee's Computer 12/21/2009
Return-To-Work Evaluation is Medical Exam Under ADA 12/16/2009
Common-Law and Federal Anti-Discrimination Claims Not Preempted By Illinois Human Rights Act 11/25/2009 Jerri Blount filed a complaint against her former employer, Jovon Broadcasting Co. and Joseph Stroud, Jovon's owner and general manager. Blount v. Stroud et al., 232 Ill. 2d 302 (2009).
Is The "Legitmate Business Interest" Test Coming To An End? 11/25/2009 Sunbelt Rentals, Inc. v. Ehlers and Midwest Aerials & Equipment, Inc., 915 N.E.2d 862, 2009 WL 3052369 (4th Dist. 2009).
Union Indemnifies Employer for Pension Withdrawal Liability 11/25/2009 Pittsburgh Mack Sales & Service, Inc. v. International Union of Operating Engineers, Local Union No. 66, 580 F.3d 185 (3d Cir. 2990) involved the unusual situation in which a union agreed to partially indemnify the employer for pension contributions.
Reference Release Overcomes Tortious Interference Claim 11/18/2009
FMLA Amended by National Defense Authorization Act 11/18/2009
Investing in Communities [pdf] 8/11/2009 Through employee contributions, firm able to support charitable causes.
Federal Labor Law Preempts Illinois Antitrust Claim 7/21/2009 Ronald D. Smart, d/b/a Paschall Electric, contracted to perform electrical work for the construction of a sports complex. Smart alleged in his Complaint that the International Brotherhood of Electrical Workers Union ("IBEW") threatened to shut down the building project if the project owner did not employ union workers instead of Smart's company. The owner fired Smart and hired a union signatory company to complete the project.
Criminal Prosecution Under the Occupational Safety and Health Act 7/21/2009 Employers do not typically think about the possibility of criminal liability under the Occupational Safety and Health Act (“Act”). However, Section 17(e) of the Act punishes any employer convicted of willfully violating any standard, rule, order or regulation prescribed pursuant to the Act, if that violation caused an employee’s death.
Apprenticeship Loan Not Dischargeable in Bankruptcy 7/21/2009 Michael Kesler was undoubtedly surprised that he could not discharge a union apprenticeship program loan in bankruptcy court.
Reducing Labor Costs by Relocating Operations from California to Nevada - A Howard & Howard White Paper [pdf] 6/29/2009
The Lilly Ledbetter Fair Pay Act: Should Employers Be Nervous? 5/22/2009
Employment Rights Related to Military Service [pdf] 5/4/2009 The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian job rights and benefits for veterans and members of Reserve components. It covers virtually every individual in the country who serves in or has served in the uniformed services and applies to all employers in the public and private sectors.
Mass Flu Outbreak: Employment Implications 4/29/2009 Not "if" but "when." According to the Director of the Centers for Disease Control ("CDC"), a pandemic, likely an influenza breakout, is inevitable.
Borrowed Employee Has Retaliatory Discharge Claim 4/10/2009 In a case of first impression, the Illinois Appellate Court determined that an employee of a staffing company could sue the company's customer for retaliatory discharge.
Discharge For Misconduct Cuts Off Temporary Total Disability Benefits 4/10/2009
"Last Chance" Agreement Fails to Bar Retaliation Claim 2/19/2009 Last chance agreements are relatively common in unionized work settings. In a recent case, a divided Sixth Circuit Court of Appeals found that a last chance agreement did not bar an employee's claim of unlawful retaliation.
Ted Eissfeldt - Building Success Comes Over a Marathon, Not a Sprint [pdf] 1/28/2009
Your IT Personnel Have Become Child Porn Cops 11/12/2008 Under a recent amendment to the Illinois Abused and Neglected Child Reporting Act, there is a new obligation on certain Illinois workers to report child pornography which they discover on the job.
EEOC Issues Guidance on Employment Testing 11/10/2008 The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet which provides employers guidance on employment related testing and selection methods.
Illinois Acts To Protect Biometric Information 10/29/2008 Illinois recently enacted the Biometric Information Privacy Act, Public Act 95-0994.
Employment Claims Based on Association with Another Person 10/23/2008 You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements.
Growth spurs another move 10/16/2008 Crain's Detroit Business - September 22, 2008 Issue: Howard & Howard Attorneys P.C. is on the move ... again.
Establishing a Corporate Giving Program 10/7/2008 In 1858, at the age of 12, William G. Howard lost his left arm to a McCormick Reaper. No longer able to farm, he returned to school as the only student to study beyond the eighth grade. Neighbors pooled their money and sent William to Kalamazoo College. After earning the privilege to practice law, William returned home to serve the community of friends who had supported him in his time of need.
The IP Factor In M&A Deals 10/7/2008 Buying IP? Find the loose ends during due diligence and tie them up at closing.
What Is Your FMLA 'Leave Year'? You Better Know and You Better Tell Your Employees 9/22/2008 In a recent federal decision from the Eastern District of Michigan, the employer found that by not clearly notifying its employees how it calculated its 'leave year' for purposes of determining FMLA leave, the employee had the right to choose whichever method of calculating a 12 month period that was most advantageous to her.
SBM Attorney on Active Duty in the Army 8/22/2008 I traded my suits and ties for camouflage Army Combat Uniforms, at least for one year. Along with fellow State Bar of Michigan member Alexander R. Schneider (P71467), I am currently serving on active duty in the United State Army at Fort Bragg, North Carolina. This article explains a bit of my life and work on active duty.
Sixth Circuit's Phar-Mor Decision Breathes New Life Into Reclamation Remedy 8/8/2008 For nearly twenty years, trade creditors and their counsel have bemoaned the evisceration of the vendors reclamation remedy. However, on July 17, 2008, the Sixth Circuit Court of Appeals gave trade creditors something to smile about when it issued its opinion in Phar-Mor, Inc. v. McKesson Corporation, ___F.3d ___, 2008 WL 2756588. In Phar-Mor, the Sixth Circuit Court of Appeals rejected and refused to follow the long line of cases that have rendered the reclamation remedy a toothless one.
Using Email To Create A Contract 6/30/2008 There are a lot of ways to create a contract. Not surprisingly, courts are now beginning to find that an exchange of e-mails can be sufficient.
Employment Claims Based on Association With Another Person 6/30/2008 You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements. Several recent cases have explored situations in which family or other relationships resulted in litigation consequences.
Memorizing secret information may violate Trade Secrets Act 5/27/2008 Martin asserted that a client list memorized by a former employee cannot be the basis of a trade secret violation and that the appellate court's decision unfairly restricted his right to compete in business against AMA.
Employee has claim for harassing workplace behavior not directed at her 5/27/2008 The court looked to cases involving racial harassment for guidance, finding it well established that racially offensive language need not be targeted at the plaintiff in order to support a Title VII hostile work environment claim.
Employee lawfully discharged after objecting to disclosing protected health information 5/16/2008 Rockwell Lime Company, seeking competitive bids for group health insurance, requested its employees authorize the disclosure of their protected health information to insurance companies for the purpose of pre-enrollment underwriting and risk rating. Bloch alleged in a lawsuit that Rockwell retaliated against him by disciplining him and ultimately terminating his employment after he publicly opposed Rockwell's request.
Employer's test for tobacco use might violate ERISA 5/16/2008 Rodrigues was hired by Scotts Company, LLC and shortly thereafter was required to submit to a urine test, which disclosed that he smoked tobacco. He was fired.
Watch Out For The Putative In-Kind Exemption! 5/1/2008 No matter how the business bankruptcy attorney winds up involved in a personal bankruptcy case, it is important to know what to look for.
Real Jurisdiction in a Virtual World: Interconnecting Jurisdictional Doctrine with End User License Agreements 5/1/2008 Although seemingly innocuous, some argue that the actions of the avatars may create actionable legal claims in the "real" world.
Clarification of Liability for Business Owners for Breach of Fiduciary Duty Claims for 401(k) Plans 4/8/2008 Business owners who offer their employees a 401(k) plan have always faced potential liability for actions they take or fail to take in connection with the plan. On February 20, 2008, the U.S. Supreme Court issued a decision that may have far-reaching implications in defining the breadth of this responsibility.
The 1, 2, 3 on "DTV" 3/4/2008 Things are different now: There's DTV, HDTV, 720p, 1080i, "full high definition," plasma, LCD screens, and many more three letter acronyms. We even have remotes. These changes, however, often bring a good deal of confusion.
