Client Alerts and Legal Updates
We are pleased to provide several of our recent Client Alerts and Legal Updates on important new developments in labor and employment law.
FTC Blocked From Enforcing New Rule Barring Non-Compete Agreements
November 01, 2024
A Texas Federal Court recently struck down the Federal Trade Commission’s new rule that would have served as a nationwide ban on non-compete agreements for nearly all U.S. workers.
Read MoreNew Chicago Ordinance Requires Employers Provide Paid Leave and Paid Sick Leave
July 01, 2024
The new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance provides that all employees working in Chicago earn up to 40 hours of Paid Leave and 40 hours of Paid Sick Leave per 12-month period.
Read MoreNew Federal Trade Commission Rule Potentially Bars Most Non-Compete Agreements
May 01, 2024
On April 23, 2024, the FTC in Washington, D.C. voted 3-2 to approve and issue a final rule that purports to ban non-compete agreements for nearly all workers of for-profit employers with limited exceptions.
Read MoreNEW SEXUAL HARASSMENT PREVENTION REQUIREMENTS FOR CHICAGO EMPLOYERS
July 01, 2022
The City of Chicago recently amended the Chicago Human Rights Ordinance to significantly increase workplace sexual harassment prevention requirements for employers in Chicago.
Read MoreNEW ILLINOIS LAW IMPACTS ENFORCEMENT OF NON-COMPETE AND NON-SOLICITATION AGREEMENTS
December 01, 2021
A new Illinois law goes into effect on January 1, 2022 that will impact an Illinois employer’s use and enforcement of non-compete and non-solicitation agreements.
Read MoreNewly Published Trade Secrets Law Handbook by Linda K. Stevens
March 29, 2021
Linda K. Stevens is the co-author of the new Third Edition of the book, Defend Trade Secrets Act Handbook. The book provides guidance on trade secrets litigation throughout the country.
Read More2 Rulings Guide On Out-Of-State Worker Jurisdiction Issues
November 04, 2020
The U.S. District Court in Chicago holds that Illinois employers can bring legal actions against their former employees in Illinois for alleged misconduct, even though the employees worked remotely and never lived or worked in Illinois.
Read MoreGUIDANCE ON ACTIVITY OF COURTS AND GOVERNMENTAL AGENCIES THAT ENFORCE EMPLOYMENT LAWS DURING CORONAVIRUS PANDEMIC
April 10, 2020
This is a list of the current operational status of Illinois state and federal courts and key governmental agencies that enforce employment laws . . .
Read MoreFAQ’S FOR EMPLOYERS DEALING WITH THE CORONAVIRUS PANDEMIC
March 19, 2020
The global coronavirus pandemic has greatly impacted all facets of business and the employment relationship. These are some of the most common questions that employers are asking and guidance on possible responses . . .
Read MoreCHECKLIST OF SIGNIFICANT ILLINOIS EMPLOYMENT LAW CHANGES EFFECTIVE JANUARY 1, 2020
January 27, 2020
There are significant employment law changes in Illinois effective January 1, 2020. This checklist highlights the significant changes for easy reference . . .
Read MoreEMPLOYMENT APPLICANT’S WAGE AND SALARY HISTORY NOW OFF LIMITS UNDER NEW ILLINOIS LAW
October 01, 2019
Illinois’ new law banning inquiries into a job applicant’s salary history recently went into effect on September 29, 2019. It prohibits employers from asking job applicants about their prior pay . . .
Read MoreSmith O’Callaghan & White webinar sponsored by Select Counsel
June 27, 2018
Terry J. Smith, Robert R. Duda Jr. and Linda K. Stevens were speakers and presenters in a webinar for corporate in-house counsel:
“Non-Competes, Trade Secrets, Departing Employees and Raiding: Key Tips for…
Linda K. Stevens was a speaker and presenter in a webinar sponsored by Wolters Kluwer
May 16, 2018
“The Defend Trade Secrets Act: Practical Lessons and Strategic Tips”
The webinar was a follow-up to a book co-authored by Linda K. Stevens, “Defend…
Read MoreAn Expansive View of Noncompetes at Wisconsin High Court
February 2018
The Wisconsin Supreme Court’s recent decision in Manitowoc Company v. Lanning, 2018 WI 6 (Jan. 19, 2018), continues a noteworthy trend of broadly applying Wisconsin’s strict statute governing…
Read MoreUsing the Inevitable Disclosure Doctrine in Federal Defend Trade Secrets Act (DTSA) Cases
July 2017
Employers should take note of a recent decision by the U.S. District Court for the Northern District of Illinois in Chicago in which the court applied the inevitable disclosure doctrine to an employer’s misappropriation…
Read MoreNew Paid Sick Leave Ordinance Covers Employees Working in Cook County, Illinois
May 2017
The new Cook County Earned Sick Leave Ordinance (16-4229) goes into effect on July 1, 2017. It provides for the mandatory accrual of paid sick leave for employees working in Cook County. The new ordinance…
Read MoreIllinois Federal Courts Continue to Reject Bright-Line Test for Consideration in Competition Restrictions
January 2017
One of the most significant issues in Illinois non-compete law for 2017 will be much-needed clarification by Illinois state and federal courts on the bright-line rule, …
Read MoreMeasuring Midstream Noncompetes in Midwestern Courts
June 2015
The Wisconsin Supreme Court recently brought much-needed clarity to Wisconsin employers and helpful guidance for other jurisdictions in ruling that continued at-will employment constitutes legal consideration…
Read MoreDim Future for Illinois Bright-Line Competition Restrictions
February 2015
On Feb. 6, 2015, the U.S. District Court for the Northern District of Illinois in Chicago rejected the bright-line rule, created by an Illinois appellate court in the often maligned Fifield v. Premier Dealer Services Inc. decision,…
Read MoreTerry J. Smith Presentation Outline on Retaliation Decisions Following Nassar And Suggestions to Avoid Retaliation Claims
October 2013
Mr. Smith was a guest speaker and presenter with U.S. District Court Judge Rebecca R. Pallmeyer at the 8th Annual Employment Law Conference presented by the Chicago Law…
Read MoreNew Illinois Case Increases Employer’s Burden To Show Valid Consideration For Competition Restrictions
July 2013
On June 24, 2013, the Illinois Appellate Court for the First District created a bright
line rule requiring that continued at-will employment last at least two years in order…
Whistleblowers May Be Protected Under Sarbanes-Oxley When Reporting Fraud Unrelated To Shareholders
April 2013
The U.S. Court of Appeals for the Third Circuit recently shed light on a current split
in the lower federal courts on whether the whistleblower provision in the…
U. S. Supreme Court to Address Important Labor and Employment Issues in Fall Term
November 2012
The U. S. Supreme Court currently has five important labor and employment cases
on its docket that could have significant implications for employers. It is anticipated that the…
EEOC Identifies Key Targets In Proposed Strategic Enforcement Plan
October 2012
The U. S. Equal Employment Opportunity Commission (“EEOC”) released a draft Strategic Enforcement Plan (“SEP”) on September 4, 2012, setting forth its key enforcement priorities and identifying the…
Read MoreSOCW Summer Law Clerk Melanie Kibbler Meets U. S. Supreme Court Justice Sonia Sotomayor In Her Chambers
April 2012
Reprinted from Chicago Daily Law Bulletin…
Read MoreList of Federal Court Cases Decided on Cat’s Paw Theory After Staub v. Proctor Hospital
January 2012
This Client Alert provides a list of cases showing how the Federal Courts have applied the U. S. Supreme Court’s decision in Staub v. Proctor Hospital, 131 S. Ct. 1186 (2011), in determining whether an employer …
Read MoreIllinois Supreme Court Eases Burden On Employers In Enforcing Non-Compete Agreements
December 2011
On December 1, 2011, the Illinois Supreme Court issued a unanimous opinion
favorable to employers who bring suit to enforce non-compete agreements against departing employees. Reliable Fire…
Federal Court Cases Decided On Class Action Certification After Wal-Mart Stores, Inc. v. Dukes
November 2011
This Client Alert provides a list of cases showing how the Federal Courts have
applied Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), in determining whether to…
Class Action Lawsuits Now More Difficult to Certify Under “Commonality” Requirement
November 2011
The U. S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes made historic changes
to the commonality requirement to class certification in a class-action lawsuit. 131 S. Ct. 2541, 2561-62 (2011). Following the 5-4 opinion by Justice Scalia…
Non-Compete Agreements Now Easier to Enforce in Texas
July 2011
The Texas Supreme Court recently relaxed the burden to enforce a non-compete
agreement under Texas law in Marsh USA Inc. v. Cook, 2011 Tex. LEXIS 465 (Tex. S. Ct. June 24, 2011). In a 6-3 decision, the Court found that a restrictive covenant that is reasonable…
SEC Adopts Final Rules On Dodd-Frank Act Whistleblower Provisions
June 2011
On May 25, 2011, the SEC adopted final rules to implement the whistleblower
provisions of the Dodd-Frank Act. Overall, the final rules appear more permissive and deferential to potential whistleblowers than the proposed rules…
U. S. Supreme Court Expands Scope of Individuals Who Can Bring Title VII Retaliation Claims
May 2011
The U. S. Supreme Court recently expanded the law on individuals who have a
potential claim under the anti-retaliation protections of Title VII in Thompson v. North American Stainless, LP, 131 S. Ct. 863, 870 (January 24, 2011). In an 8-0 decision,…
Key Development in Enforcement of Restrictive Covenants Under Wisconsin Law
February 2011
On January 11, 2011, the Wisconsin Supreme Court denied a request to review an
important lower court decision on the law of employee-signed non-solicitation of customer
provisions in Wisconsin….
Federal Employment Discrimination Claims Under Section 1981 Can be Heard in Illinois State Court
January 2011
Please contact Smith O’Callaghan & White at socw@socw.com to request a copy of this article…
Read MoreArbitration Award For Former General Counsel Vacated in Employment Discrimination and Retaliation Case
October 2010
On July 21, 2010, the Wisconsin Supreme Court held that an arbitration award reinstating the former general counsel of a well-known home improvement retailer violated Wisconsin public policy “because…
Read MoreU. S. Supreme Court Favors Arbitration and Allows Arbitrator to Decide Enforceability of Arbitration Agreement
September 2010
On June 21, 2010, the U. S. Supreme Court ruled in a 5-4 decision that an arbitrator,
not a court, should determine the validity of an arbitration agreement when the agreement expressly gives such authority to an….
U. S. Supreme Court Lowers Standard for Attorney’s Fees Award Under ERISA
August 2010
On May 24, 2010, the U. S. Supreme Court held unanimously that a party seeking
attorney’s fees under the Employee Retirement Income Security Act…
Judicial Review of Remedies Awarded in Private Arbitration of Employment Discrimination and Retaliation Claims
March 2010
In a significant and unusual case involving arbitration of employment discrimination
and retaliation claims, the Wisconsin Supreme Court recently held oral…
U. S. Supreme Court Rules Arbitration Awards Subject to Review Under Railway Labor Act But Declines to Recognize Due Process Objections
February 2010
Arbitration of employment disputes continues to be a hot topic as the lower federal
courts generally widen the latitude given to employers…
Recent U. S. Supreme Court Rulings Raise Pleading Requirements in Federal Court Cases
January 2010
In two recent rulings, the U. S. Supreme Court has raised the minimum pleading
threshold a federal court complaint must meet to survive a Rule 12(b)(6) motion to…
U. S. Supreme Court Likely to Review Seventh Circuit’s Position on Cat’s Paw Theory in Employment Discrimination Cases
December 2009
In Staub v. Proctor Hospital, 560 F.3d 647 (7th Cir. 2009), the Seventh Circuit Court
of Appeals addressed an important and emerging issue in employment….
U. S. Supreme Court to Address Important Labor and Employment Issues in 2010
November 2009
The U. S. Supreme Court currently has several cases on its docket involving
important labor and employment issues that could have significant implications for employers. It is anticipated that the U. S. Supreme Court will be ruling in these cases….
Unusual Fact Patterns Resulting in Useful Lessons for Employers
October 2009
In the following cases involving very unusual fact patterns, employers may find useful
lessons. Although at first blush, the following cases would appear to involve rare fact circumstances, the resulting court holdings have potentially broad and practical implications for day-to-day…
U. S. Supreme Court Sets High Burden of Proof for Plaintiffs in All Federal Court Age Discrimination Cases
July 2009
On June 18, 2009, the U. S. Supreme Court ruled in a 5-4 decision that in all cases
under the Age Discrimination in Employment Act (“ADEA”), regardless of theory, plaintiffs have
a stringent “but-for” standard of proof…
Congress Considers Restricting Arbitration of Discrimination Claims in Response to Recent U. S. Supreme Court Decision
June 2009
Several influential members of Congress are urging the passage of the Arbitration
Fairness Act, H.R. 1020, which would restrict the use of private arbitration to resolve employment discrimination claims. The…
Illinois Supreme Court Expands Strict Liability for Sexual Harassment: Employers Are Strictly Liable for Any Supervisor’s Harassment Under Illinois Human Rights Act
May 2009
On April 16, 2009, the Illinois Supreme Court held, in a 4-2 decision (one justice
abstaining), that employers in Illinois are…
U. S. Supreme Court Rules in Favor of Mandatory Arbitration of Discrimination Claims under Collective Bargaining Agreements
May 2009
On April 1, 2009, the U. S. Supreme Court ruled that provisions in collective bargaining agreements requiring individual union members to arbitrate Age Discrimination in…
Read MorePresident Obama Signs Executive Orders Impacting Employers with Federal Contracts
April 2009
President Obama recently signed four (4) executive orders, which strongly favor the
interests of organized labor and will affect private employers that enter into contracts or subcontracts…
Illinois Supreme Court to Rule on Scope of Strict Liability for Supervisor Harassment Under Illinois Human Rights Act
March 2009
The Illinois Supreme Court recently heard oral argument in the case of Sangamon County Sheriff’s Department v. State of Illinois Human Rights Commission, No. 105518 (Ill. S. Ct.) (oral argument heard on January 15…
Read MoreTwo Key Developments in Employment Law: Speaking Out in Internal Investigation Protected Under Title VII and Lilly Ledbetter Fair Pay Act of 2009 Signed Into Law
February 2009
On January 26, 2009, the U. S. Supreme Court held unanimously that an employee who speaks out about discrimination during an…
Read MoreEmployee Free Choice Act: President-Elect Obama’s Most Significant Possible Change to Labor and Employment Laws in 2009
January 2009
The election of Barack Obama could bring key changes to federal labor and employment laws, but the most significant change may be the Employee Free Choice…
Read MoreNew FMLA Regulations Take Effect January 16, 2009
December 2008
The U. S. Department of Labor (“DOL”) published its final revised regulations on November 17, 2008, interpreting the Family and Medical Leave Act (“FMLA”). The DOL’s new regulations, in excess of 750 pages, become effective on January 16, 2009. This summary highlights some of the more…
Read MoreNew ADA Amendments Expand Definition of Disability
November 2008
Pursuant to recent legislation, it will soon be easier for individuals to qualify for protection under the Americans with Disabilities Act (“ADA”). On September 25, 2008, President George W. Bush signed into law the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”), under…
Read MoreJudicial Estoppel: Key Defense In Discrimination Suits
October 2008
Law360, New York (September 12, 2008) — An important defense has become increasingly useful in protecting employers against employee lawsuits. The defense of judicial estoppel, as recognized most powerfully in the employment litigation setting in Cannon-Stokes v. Potter, 453 F.3d 446 (7th Cir. 2006), bars a plaintiff’s…
Read MoreNew EEO-1 Report Due September 30, 2008
September 2008
The Equal Employment Opportunity Commission (“EEOC”) has implemented three modifications to the EEO-1 report to be filed by employers this year on or before September 30, 2008: (i) new race and ethnicity categories; (ii) employee self-identification…
Read MoreU. S. Supreme Court Declines to Hear FMLA Waiver Case: DOL Proposes New Regulation Clarifying FMLA Waiver
September 2008
The U. S. Supreme Court recently denied certiorari in ProgressEnergy, Inc. v. Taylor,
128 S. Ct. 2931 (June 16, 2008) (Appeal from 4th Cir.) (Docket No. 07-359), declining to address
the question of whether an employee may waive claims under the Family and Medical Leave
Important Labor and Employment Cases Still Pending on U. S. Supreme Court’s Docket for 2008
August 2008
This memorandum updates the status of the labor and employment cases that remain pending on the U. S. Supreme Court’s docket for 2008. It also provides a summary of the U. S. Supreme Court decisions in labor and employment cases already announced in…
Read MoreU. S. Supreme Court Rules in Three More Employment Cases
July 2008
On June 19, 2008, the U. S. Supreme Court announced decisions in the following three cases of significance to employers: 1. Employer Must Prove Defense That Disparate Impact Due to Non-Age Reason…
Read MoreU. S. Supreme Court Rules: Race Retaliation Claims Are Actionable Under Section 1981
June 2008
Last week, on May 27, 2008, the U. S. Supreme Court ruled that race retaliation claims are actionable under section 1981, 42 U.S.C. §1981. CBOCS West, Inc. v. Humphries, No. 06-1431, 2008 U.S. LEXIS 4516 (May 27, 2008). Section 1981 of the Civil Rights Act of 1866…
Read MoreSeventh Circuit Court of Appeals Strengthens Key Defense in Termination of Employee with Workers’ Compensation Injury
May 2008
On March 21, 2008, the Seventh Circuit Court of Appeals upheld the termination of an employee who exhausted his FMLA leave and whose continued absence due to a workplace injury violated his employer’s…
Read MoreU. S. Supreme Court Rules: Parties May Not Contractually Provide for Extra Judicial Review of Arbitration Awards
April 2008
On March 25, 2008, the U. S. Supreme Court ruled that parties to an arbitration agreement may not contractually provide for more expansive judicial review of an…
Read MoreU. S. Supreme Court to Address Important Labor and Employment Issues in 2008
April 2008
The U. S. Supreme Court currently has several cases on its docket involving important labor and employment issues that could have significant implications for employers. It is anticipated that the U. S. Supreme Court will be ruling in these cases in 2008. This…
Read MoreU. S. Supreme Court Rules in Two Employment Cases: “Me, Too” Evidence Admissible in Trial Court’s Discretion and EEOC Intake Questionnaire is Charge
March 2008
The U. S. Supreme Court announced two decisions last week that will be the first of several important labor and employment…
Read MoreU. S. Supreme Court Likely to Review Fourth Circuit’s Position on FMLA Waivers
March 2008
In Taylor v. Progress Energy, Inc., 493 F. 3d 454 (4th Cir. 2007), petition for cert. filed, 75 U.S.L.W. 3226 (U.S. October 22, 2007) (Docket No. 07-539), the Fourth Circuit Court of Appeals held that employees cannot waive rights or claims under the Family and…
Read MoreNew Illinois Employment Laws for 2008
February 2008
This is a brief overview of recently enacted or amended Illinois employment laws, as of February 15, 2008, for the benefit of our clients and friends with business operations in Illinois. Illinois Human Rights Act There are several changes to the Illinois Human Rights Act (“IHRA”), effective on January 1…
Read MoreProtecting Your Company’s Interests From Actions of Departing Employees in the Absence of a Restrictive Covenant or Confidentiality Agreement
December 2007
Breach of Fiduciary Duty – Breach of Duty of Loyalty Active steps to compete prior to resigning, i.e., soliciting employer’s…
Read MoreStrategies for Defending Workplace Defamation Claims
November 2007
Employers are increasingly finding themselves defending a claim for defamation in addition to a terminated employee’s typical claims for…
Read MoreNew Illinois Law Allows Filing of Discrimination And Harassment Claims in the Illinois State Courts
September 2007
In a significant change to employment law in Illinois, the Illinois Human Rights Act was amended on August 17, 2007, to permit plaintiffs to file lawsuits alleging employment discrimination or workplace harassment…
Read MoreClearing Up Misconceptions on Relevancy and Admissibility of Prior Crimes of Dishonesty in Illinois Employment Litigation
August 2007
The legal rights of employers in defending against employment litigation are sometimes misunderstood in the pre-trial discovery stage when an employer probes into a suing plaintiff’s background prior to the…
Read MoreImportant Ruling for Employers: U. S. Supreme Court Tightens Deadlines for Filing Pay Discrimination Cases Under Title VII
June 2007
On May 29, 2007, the U. S. Supreme Court ruled that the deadline for bringing a claim of pay discrimination under Title VII begins to run when the employer makes…
Read MoreU. S. Supreme Court to Address Key Employment Discrimination Issues In 2007 Fall Term with Decisions Expected in Early 2008
June 2007
The U. S. Supreme Court heard four (4) cases in its 2007 fall term that could have long-lasting implications for employers and their ability to defend employment discrimination and harassment lawsuits…
Read MoreSmith O’Callaghan & White’s Terry J. Smith Featured on Sky Radio’s “America’s Premier Lawyers”
January 2007
Terry J. Smith was featured on Forbes Magazine Sky Radio’s America’s Premier Lawyers in-flight radio program, which aired on American Airlines flights…
Read MoreSmith O’Callaghan & White’s Terry J. Smith quoted in Chicago Tribune:
October 2006
On October 12, 2006, Terry J. Smith was interviewed and provided commentary to the Chicago Tribune on a high profile sex discrimination lawsuit pending in Chicago Federal Court (the lawsuit did not involve a client of the firm)…
Read MoreU. S. Supreme Court Allows Disparate Impact Claims Under ADEA
December 2005
This is an update to employers on a recent important decision of the U. S. Supreme Court decided on March 30, 2005, under the Age Discrimination in Employment Act (“ADEA”), the federal age discrimination law…
Read More