By:  Jeffrey A. Risch, SmithAmundsen LLC  - www.salawus.com - On August 27, 2010, the National Labor Relations Board (NLRB) ruled that a long-standing union tactic of displaying very large stationary banners at a secondary or neutral employer’s business does not violate federal labor law.  The NLRB’s decision, made public on September 2, 2010, covers three Arizona cases* in which union carpenters displayed very large banners near three separate establishments --- two medical centers (Banner Medical and Northwest Medical) and a restaurant (RA Tempe) --- to protest contract work performed for the owners of these establishments by non-union construction contractors that the union claimed paid below union scale.&... [More]

By: Jacki Lentini, SmithAmundsen LLC – www.salawus.com  -  Recently, the Department of Justice (“DOJ”), Office of Special Counsel (“OSC”) for Immigration-related Unfair Employment Practices indicated in a letter dated June 29, 2010, that decisions not to hire applicants based solely on the need for a visa, either currently or in the future, would not typically be actionable under the Immigration and Nationality Act (“INA”)’s citizenship or national origin anti-discrimination provisions.  The DOJ further indicated that certain “protected individuals” under citizenship status discrimination as outlined in 8 U.S.C. §1342b of the INA, includes the following:  U... [More]

By Nancy Joerg, Esq., Senior Attorney & Shareholder, Wessels Sherman Joerg Liska Laverty Seneczko P.C. - www.wesselssherman.com - Under a brand new Illinois law called the Employee Credit Privacy Act, Illinois employers may not use a person’s credit history to determine employment, recruiting, discharge or compensation. The Illinois Employee Credit Privacy Act takes effect January 1, 2011. The new law forbids Illinois employers from inquiring about an applicant or employee’s credit history or obtaining a copy of their credit report. However, the law does not affect an employer’s ability to conduct a thorough background investigation that does not contain a credit history or report. Illinois employers who violate ... [More]

By: Jeffrey A. Risch – SmithAmundsen LLC – www.salawus.com - House Bill 4658, sponsored by Rep. Jack Franks (D-Woodstock) and Sen. Don Harmon (D-Oak Park), creates the Employee Credit Privacy Act.  Under this new law, Illinois employers may not use a person’s credit history in the employment context (i.e. to determine whether to extend an employment offer, terminate employment, provide a promotion or determine compensation levels).  The new law forbids most employers from inquiring about an applicant or employee’s credit history or obtaining a copy of their credit report.  Employers who violate the new law can be subject to civil liability for damages and/or injunctive relief.  The law takes... [More]

By:  Jeffrey A. Risch – SmithAmundsen LLC - www.salawus.com - www.illinoisprevailingwage.com - Having handled hundreds of prevailing wage matters and controversies over the years, here’s something I will never understand… Why on earth would a unit of local or state government (aka a “public body”) contractually require compliance with Illinois’ prevailing wage law in circumstances where the Illinois Prevailing Wage Act (IPWA) would not apply?  Quite candidly, it’s an entire waste of resources while breeding unnecessary conflict. To appreciate the message delivered here, one must recognize the simple truth that there are exemptions from obligations arising under the IPWA --- even wh... [More]

By:  Jeffrey A. Risch and Jennifer Reddien - SmithAmundsen LLC - www.salawus.com  -  Senate Bill 3568 strengthens the rights of Illinois workers who have been victims of alleged wage theft at the hands of their employers. The bill makes both first and repeat wage violations more serious crimes. Civil and criminal penalties for purported wage violations will increase under the new law, and repeat offenders can face up to three years in prison. Workers will now be better able to take alleged violations directly to the state circuit court and collect all costs and reasonable attorney’s fees. The Illinois Department of Labor (IDOL) will also establish a streamlined process to resolve small claims (although those "wrinkles"... [More]

By Nancy E. Joerg, Esq., Senior Attorney and Shareholder, Wessels Sherman Joerg Liszka Laverty Seneczko P.C.  - www.wesselssherman.com  - How well an employer investigates sexual harassment complaints can go a long way in determining whether the employer is going to end up before the Equal Employment Opportunity Commission (EEOC), Illinois Department of Human Rights (IDHR), or in court and how much it will cost if that happens.  A thorough investigation by the employer may not be a complete legal defense, but it can help.  Indifferent efforts may cost a lot of money and aggravation in the end. BEST TIP:  Take every complaint of harassment or discrimination seriously (even if you generally believe the complainant i... [More]

By Christina Lopez-Nutzman, SmithAmundsen LLC.  -  For more information you may visit www.salawus.com .  If you have any questions regarding this article you may contact Ms. Lopez-Nutzman at cnutzman@salawus.com.  - By now Arizona’s immigration law known as SB 1070 has been closely watched since it was signed into law by Arizona’s Governor Jan Brewer in April.  The law was scheduled to take effect July 29, 2010. The Department of Justice challenged the laws constitutionality and their argument against Arizona's immigration law is that controlling immigration is a federal power that states have no right under the U.S. Constitution to usurp. On July 28, 2010 a U.S. District Judge Susan Bolton preliminari... [More]

By:  Jeffrey Glass, SmithAmundsen LLC – www.salawus.com -On July 21, 2010, President Obama signed into law the “Restoring American Financial Stability Act of 2010” (H.R. 4173).  The ostensible purpose of the sprawling legislation is to protect the financial system from another 2008-style meltdown.  However, due to provisions inserted into the bill at the behest of Congresswoman Maxine Waters (D, CA), the legislation mandates the “fair inclusion” of  minorities and women in a wide array of federal agencies and the companies that do business with them.  Now, companies from banks to law firms to copy vendors find themselves wondering whether their workforces will be forced to have the... [More]

By: Barnes and Thornburg - Coincident with the 20th anniversary of enactment of the Americans with Disabilities Act (ADA), the U.S. Department of Justice (DOJ) has completed its long-awaited rulemakings to revise its Title II and Title III regulations, and to adopt the July 2004 ADA Accessibility Guidelines (2004 ADAAG) promulgated by the U.S. Access Board as legally enforceable accessible design standards, which DOJ has designated the 2010 ADA Standards for Accessible Design (hereinafter 2010 Standards). This marks the first major revision to the Title II and Title III regulations, and the accompanying standards for accessible design, since they were originally promulgated on July 26, 1991. DOJ publicly posted the final regulations to it... [More]