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BT Currents - Hot Topics in Employment Law

26 Jun Employee Social Networking Password Protection May Soon Become Law in Illinois

Employers in Illinois who are interested in the Internet activities of their employees and job applicants, including activities on social networking sites, will need to be more cautious if Illinois Governor Pat Quinn signs a bill on his desk that the Illinois Legislature recently passed. The legislation, House Bill 3782, would amend the state’s Right to Privacy in the Workplace Act at 820 ILCS 55/10, a section that currently prohibits employers from asking prospective employees about their prior history of worker’s compensation claims. The amended Act would prohibit Illinois employers from requiring employees or…

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25 Jun What Managers Can Learn from Lilly Ledbetter

At first blush the autobiography of famed Equal Pay Act plaintiff Lilly Ledbetter might not seem all that much of a draw for those whose work involves defense against employment discrimination claims.  Yet the recently published book, Grace and Grit: My Fight for Equal Pay and Fairness at Goodyear and Beyond, (Crown Archtype 2012) has much to offer for employment lawyers, human resource executives, and front-line managers who are involved in employment law compliance. We all know how the story ends – with the enactment…

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22 Jun Court Rules Participation in Post-Lawsuit Internal Investigation is Protected Activity

Although not particularly surprising, the Northern District of Illinois recently held that an employee who participated in an “internal investigation” regarding a former co-worker who had recently filed a race discrimination lawsuit was engaging in protected activity under Title VII.  The employee was therefore allowed to move forward with his retaliation claim after he himself was terminated several months later.  The opinion, Gomez v. Restaurant One Limited Partnership, may be found here. The case is noteworthy because the Seventh Circuit has previously held that participating…

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18 Jun Supreme Court Issues Long-Awaited Decision in Christopher v. SmithKline Beecham Corp.

Today the U.S. Supreme Court issued a long-awaited decision in Christopher v. SmithKline Beecham Corp., holding in a 5-4 decision that pharmaceutical sales employees are exempt outside salespeople. The decision may be read here. The case is significant for several reasons.  The most obvious reason is that it represents our highest court interpreting the outside sales exemption, so any business relying on (or thinking of relying on) this exemption should review the decision with counsel to ensure ongoing compliance. The central issue in Christopher was whether the…

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18 Jun Obama Directive Offers Relief to Certain Unauthorized Immigrants

Under a new directive from President Obama, unauthorized immigrants who meet specific criteria will not be subject to deportation, and will be eligible to apply for work authorization immediately. To be eligible for relief, individuals must show, on a case-by-case basis, that they: – came to the United States under the age of 16; – have continuously lived in the U.S. for at least five years (before June 15) and are now present in the U.S.; – are currently in school, have graduated from high…

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