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  • Possible Changes to Federal Rules of Civil Procedure may Limit Civil Case Discovery

    Judicial Conference Advisory Committee Proposes Drastic Changes   In January, the Advisory Committee to the Judicial Conference of the United States proposed drastic changes to the Federal Rules of Civil Procedures, which – if implemented – would severely limit discovery in civil cases. The proposed changes include: (1) limiting parties to 25 requests for…

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  • The U.S. Department of Labor Releases its Final Rule to Implement Statutory Amendments to the FMLA.

    The U.S. Department of Labor recently released its final rule concerning the meaning of statutory amendments to the Family and Medical Leave Act in 2008 and 2010. The amendments primarily affect military leave under the Act. They also address technical changes dealing with FMLA eligibility for members of the airline flight crews.  Specifically, with…

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  • City of Chicago Passes Anti-Wage Theft Ordinance

    On January 17, 2013, the City of Chicago passed an anti-wage theft ordinance, making Chicago the largest city in the country with such legislation. Where an employer is found to have violated the wage laws, either as the result of civil litigation or an investigation conducted by the Illinois Department of Labor, the ordinance…

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  • New Year, New Social Media Rules

    As 2013 begins, the laws in both Illinois and California are changing to protect the privacy of current and future employees. The new “Facebook” law prohibits employers from demanding the passwords to social media sites such as Facebook, Twitter, etc from their current employees, future employees or potential applicants. Maryland, New Jersey and Delaware…

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  • California Enacts New Employment Law Legislation

    Effective as of January 1, 2013, California has drastically expanded employees’ rights to request copies of their personnel records. Before A.B. 2674 was enacted, it was unclear whether former employees could request an inspection of their personnel records. However, the new law ensures that both current and former employees have the same rights to…

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  • Fired for being too attractive? Iowa Supreme Court Affirms Employer’s Decision

    The Iowa Supreme Court recently addressed the issue of whether firing an employee who has not engaged in flirtatious conduct simply because the boss views the employee as an irresistible attraction is actionable gender bias under Title VII. The case involved a dental hygienist, Melissa Nelson, and her employer, James Knight. She had been…

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  • Employee Handbook Statements May Now Form a Sufficient Basis for IWPCA Claims

    The Northern District of Illinois has found that statements in an employee handbook may form an “agreement” between an employer and employee sufficient enough to support a claim pursuant to the Illinois Wage Payment and Collection Act (IWPCA). The Northern District, in Wharton v. Comcast, held that several employees suing for their employer’s failure…

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  • Seventh Circuit Holds that ADEA is Not an Exclusive Remedy for Public Employees

    Prior to the Seventh Circuit’s recent decision in Levin v. Madigan, individuals bringing a claim based on age discrimination were only able to seek a remedy under the Age Discrimination in Employment Act (ADEA). However, the Seventh Circuit has expanded the causes of action available to a plaintiff claiming age discrimination by allowing public…

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  • Illinois Supreme Court Recognizes Tort of Intrusion upon Seclusion

    In a recent decision, Lawlor v. North American Corporation of Illinois, the Illinois Supreme Court declared that the state would recognize the tort of intrusion upon seclusion. This tort, which originated from a right of privacy, is one of the four branches of the tort of invasion of privacy found in the Second Restatement…

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  • Illinois Supreme Court Recognizes Seclusion Upon Intrusion Tort

    In a recent decision, Lawlor v. North American Corporation of Illinois, the Illinois Supreme Court declared that the state would recognize the tort of inclusion upon seclusion. 2012 IL 112530. This tort, which originated from a right of privacy, is one of the four branches of the tort of invasion of privacy found in…

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