Franczek Radelet P.C.

300 S. Wacker Drive Suite 3400
Chicago, Illinois 60606, United States

  • 312.986.0300

Supreme Court Clarifies Title VII’s Definition Of “Supervisor” For Harassment Claims

On June 24, 2013, the United States Supreme Court decided Vance v. Ball State University, ruling that only those employees who have the authority to take “tangible employment actions” qualify as supervisors for purposes of…more

Harassment, SCOTUS, Supervisors, Title VII, Vance v. Ball State University

See All Updates »

Update: District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based on…more

Books, Coaches, Due Process, First Amendment, Former Employee

See All Updates »

Governor Signs Bill Calling for Greater Protections for Pregnant Employees

House Bill 8, now Public Act 098-1050, was recently signed by Governor Pat Quinn. As we reported in June of this year, the resulting amendments to the Illinois Human Rights Act expand upon the anti-discrimination protections…more

Discrimination, Employee Rights, Pregnancy, Pregnancy Discrimination

See All Updates »

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom of…more

Colleges, Contractors, FOIA, Open Meetings Act, Sexual Harassment

See All Updates »

Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use

An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from his…more

Corporate Counsel, Employer Liability Issues, Popular, Safety Precautions, Workplace Hazards

See All Updates »

Cook County Assessed Values Continue to Decline

For the sixth year in a row we have obtained and analyzed assessment abstract data from the Cook County Assessor’s Office. In each tax year since 2008 the County’s total assessed value has declined. The data from 2013, the most…more

Property Tax, Tax Assessment

See All Updates »

NLRB Expands the Boundaries of Employee Protest; Limits Employers’ Discipline Rights

Last week, the NLRB addressed whether, and to what extent, employees can criticize their employer in public. In MikLin Enterprises, the Board held 2-1 that a Jimmy John’s franchisee violated Section 8(a)(3) of the National Labor…more

Adverse Employment Action, Employee Rights, Employer Liability Issues, Franchises, NLRA

See All Updates »

ISBE Publishes Proposed Rules on State Model Evaluation Plan

The Illinois State Board of Education (ISBE) recently published its proposed regulations containing the State Performance Evaluation Model required under the Performance Evaluation Reform Act (PERA). PERA specifically requires…more

Board of Education, Performance Improvement Plans, School Districts

See All Updates »

Federal Contractors: Overhauled OFCCP Regulations On Employment Obligations To Veterans And Individuals With Disabilities

Starting March 24, 2014, the Office of Federal Contract Compliance Programs (OFCCP) will begin enforcing two regulations that amend the obligations of federal contractors to employees and applicants who are protected veterans or…more

Affirmative Action, Disability, Federal Contractors, OFCCP, Veterans

See All Updates »

Illinois Appellate Court: School District’s Subcontracting of Transportation Services is “Part of Bargaining Process” and an “Important Weapon in Negotiations”

The Illinois Appellate Court for the Fourth District recently found that a school district did not engage in any unfair labor practices when it subcontracted student transportation services to a third-party vendor and discharged…more

Bus Drivers, Collective Bargaining, Hiring & Firing, Public Employees, School Districts

See All Updates »

IIllinois Legislature Grants Recall Rights to “Grouping 2” Teachers with One Needs Improvement Evaluation Rating

On June 13, 2014, the Governor signed House Bill 5546 expanding the recall provisions of Senate Bill 7. The new legislation is effective July 1, 2014 and extends limited recall rights to honorably dismissed (“RIFed”) teachers in…more

Education Reform, Hiring & Firing, New Legislation, Performance Reviews, Teachers

See All Updates »

Under the Same Golden Arches: NLRB General Counsel Authorizes Complaints Alleging McDonald’s Corporation Is Joint Employer with Franchises

Last week, the NLRB General Counsel’s Office authorized 43 complaints of unfair labor practices brought by McDonald’s workers, naming both the McDonald’s Corporation and its franchisees as joint employers which would hold them…more

Joint Employers, McDonalds, NLRA, NLRB, Unfair Labor Practices

See All Updates »

NYU Agrees To Recognize Graduate Student Organizing Rights

As we reported last year, the fight over graduate student organizing rights has taken yet another tumultuous turn at the National Labor Relations Board. The Board has changed its position twice in recent years on the issue of…more

NLRA, Students, Unions, Universities

See All Updates »

Under the FLSA, a Day Late is a Dollar Short [Wage & Hour FAQ]

From time to time, we hear from employers that ask us about the consequence of delaying payroll because of cash flow. The situation is one that I faced over the years in startup businesses, and even a few established ones: the…more

Employer Liability Issues, FLSA, Startups, Wage and Hour

See All Updates »

Illinois Supreme Court Rules that Retiree Health Subsidies are Constitutionally Protected Benefits

In a 6-1 decision that may have significant ramifications, the Illinois Supreme Court held in Kanerva v. Weems that state-subsidized retiree medical premiums for certain public sector retirees are a protected benefit under the…more

Healthcare, Retirement, Subsidies

See All Updates »

NLRB Expands the Boundaries of Employee Protest; Limits Employers’ Discipline Rights

Last week, the NLRB addressed whether, and to what extent, employees can criticize their employer in public. In MikLin Enterprises, the Board held 2-1 that a Jimmy John’s franchisee violated Section 8(a)(3) of the National Labor…more

Adverse Employment Action, Employee Rights, Employer Liability Issues, Franchises, NLRA

See All Updates »

Supreme Court Issues Decision In Harris V.Quinn: Abood Survives, But For How Long?

On Monday, the United States Supreme Court issued its anxiously anticipated decision in Harris v. Quinn, a case brought by Illinois home health aides challenging the requirement in a collective bargaining agreement that they pay…more

Collective Bargaining, First Amendment, Harris v Quinn, Home Health Care, Medicaid

See All Updates »

DOJ and DOE Warning: School Enrollment Practices Must Not Discourage Enrollment of Immigrant Students

According to the U.S. Departments of Justice and Education, U.S. school districts are discouraging student enrollment based on their parents’ illegal immigrant status. The Departments issued guidance, a frequently asked…more

Citizenship, Citizenship Status Discrimination, Department of Education, DOJ, Final Guidance

See All Updates »

School Health Records Q&A

Comprehensive guidance on the topic of school health records can be found in Questions & Answers Regarding School Health Record Issues - May 2013…more

Medical Records, Public Schools, Students

See All Updates »

Illinois Felony Hazing Law Held Constitutional

In a criminal prosecution of four former fraternity members, a state judge ruled yesterday that the Illinois Hazing Act’s broad definition of “hazing” is sufficiently clear to withstand a constitutional challenge…more

Criminal Prosecution, Educational Institutions, Hazing

See All Updates »

Illinois General Assembly Passes Pension Reform Bill

Both chambers of the Illinois General Assembly adopted the Conference Committee Report to Senate Bill 1 on December 3, 2013. The bill provides comprehensive pension reform for four state retirement systems – the Teachers’…more

Employee Benefits, Pensions, Retirement Plan

See All Updates »

Third Circuit Applies More Relaxed Federal Standard To Successors In FLSA Cases

The Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, recently became the third appellate court to adopt the federal common law standard for successor liability in a…more

FLSA, Succession Planning, Successor Liability

See All Updates »

NLRB Rules That Scholarship Football Players At Northwestern University Are “Employees” Under The National Labor Relations Act With Right To Unionize; Northwestern Will Appeal

Earlier this week, NLRB Regional Director for Region 13, Peter Sung Ohr, issued a highly publicized decision and ruled that grant-in-aid scholarship football players at Northwestern University are “employees” under the National…more

College Athletes, NLRB, Unions

See All Updates »

Continued Employment Is Not Sufficient Consideration For Restrictive Covenants Unless The Employee Remains Employed For At Least Two Years

In Illinois, it has long been recognized that a restrictive covenant in employment is enforceable so long as the employee engages in "substantial continued employment" after the employee signs the agreement…more

Continued Employment Doctrine, Discrimination, Employment Contract, Restrictive Covenants

See All Updates »

Cook County Assessed Values Continue to Decline

For the sixth year in a row we have obtained and analyzed assessment abstract data from the Cook County Assessor’s Office. In each tax year since 2008 the County’s total assessed value has declined. The data from 2013, the most…more

Property Tax, Tax Assessment

See All Updates »

Illinois Senate To Consider A Bill Providing New Protections For Pregnant Employees

Last week, the Illinois House of Representatives approved a bill to strengthen protections for pregnant employees in the workplace. HB 8, introduced by Rep. Mary Flowers (D-Chicago) and supported by Governor Pat Quinn, would…more

Employee Rights, Employer Mandates, Pregnancy Discrimination, Reasonable Accommodation

See All Updates »

FMLA FAQ: Can an Employer Persuade an Employee to Work Instead of Taking FMLA Leave Because Her Job is Really Important?

Evans was employed by Books-A-Million (BAM) as a payroll manager. Evans apparently became pregnant at an inopportune time — right at a time when BAM was implementing a new payroll system. As supervisors are prone to do, Evans’…more

Adverse Employment Action, Employer Liability Issues, FMLA, Hiring & Firing, Pregnancy

See All Updates »

Governor Signs Bill Calling for Greater Protections for Pregnant Employees

House Bill 8, now Public Act 098-1050, was recently signed by Governor Pat Quinn. As we reported in June of this year, the resulting amendments to the Illinois Human Rights Act expand upon the anti-discrimination protections…more

Discrimination, Employee Rights, Pregnancy, Pregnancy Discrimination

See All Updates »

Swimming Pool Violations Resulting In Big Fines For Hotels

The Illinois Swimming Facility Code and accompanying regulations contain requirements on virtually every aspect of swimming pool operation and maintenance. The Illinois Department of Public Health (IDPH) enforces these…more

Hotels, Penalties, Swimming Pools

See All Updates »

A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning, Harris,…more

Affordable Care Act, Barack Obama, Burwell v Hobby Lobby, Canning v NLRB, Collective Bargaining

See All Updates »

Illinois “Bans the Box” with New Legislation

On Saturday, July 19, 2014, Governor Quinn signed the Job Opportunities for Qualified Applicants Act (the “Act”), which limits private sector employers with 15 or more employees from inquiring into the criminal history of job…more

Background Checks, Ban the Box, Criminal Background Checks, EEOC, Employer Liability Issues

See All Updates »

Monthly Benefits Update

Health & Welfare Plans - July 1 Deadline to Begin Measuring Employee Hours for ACA Employer Mandate/“Pay or Play” - As we have discussed in many previous alerts, the Affordable Care Act’s employer shared…more

Affordable Care Act, COBRA, DOL, Employee Benefits, Employer Mandates

See All Updates »

The Issue Of Accommodating Pregnant Employees May Reach The Supreme Court

Signaling that it is considering taking up the issue of what accommodations employers must provide for pregnant employees, the Supreme Court last month requested the Solicitor General’s opinion as to whether to accept the case…more

Civil Rights Act, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation, Title VII

See All Updates »

Monthly Benefits Update - July 2014

Two federal appeals courts issued contradictory rulings on the validity of subsidies for the purchase of health insurance under the federal marketplace established pursuant to the Affordable Care Act (ACA). On July 22, a panel…more

Affordable Care Act, Burwell v Hobby Lobby, Closely Held Businesses, Contraceptive Coverage Mandate, Defined Benefit Plans

See All Updates »

Monthly Benefits Update - September 2013

Health & Welfare Plans - Health Care Reform: FAQ Part XVI Addresses Insurance Exchange Notice and 90-Day Waiting Period Requirement. The Treasury, the Department of Labor and the Department of Health and Human…more

Affordable Care Act, Business Associates, DOL, DOMA, ERISA

See All Updates »

University of Texas’s Use of Race In Student Admissions Survives Another Legal Hurdle

The U.S. Court of Appeals for the Fifth Circuit decided this week that the University of Texas’s consideration of race as a factor among many factors for college and university admissions is legally permissible in Fisher v…more

Affirmative Action, College Admissions, Colleges, Fisher v University of Texas, SCOTUS

See All Updates »

Employer Obligations Under the New Payroll Card Law

On Wednesday, August 6, 2014, Governor Quinn signed House Bill 5622 amending the Illinois Wage Payment and Collection Act (IWPCA) and providing employers with the option of paying employees through a payroll card. While the new…more

Employer Liability Issues, Payroll Cards, Wage and Hour, Wages

See All Updates »

Guidance Regarding Compliance with Changes to Clery Act Made by VAWA Before Final Regulations Become Effective

Earlier this week, the U.S. Department of Education’s Office of Postsecondary Education (DOE) released guidance designed to assist institutions of higher education in determining how to comply with the Violence Against Women…more

Clery Act, Colleges, DOE, Security, Students

See All Updates »

EEOC Continues Its Aggressive Stance Against Severance Agreements

Last Friday, the Equal Employment Opportunity Commission filed suit against CVS Pharmacy in the Northern District of Illinois alleging that standard separation agreements used by CVS unlawfully deter employees, who sign these…more

Compliance, CVS, EEOC, Employer Liability Issues, Investigations

See All Updates »

A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning, Harris,…more

Affordable Care Act, Barack Obama, Burwell v Hobby Lobby, Canning v NLRB, Collective Bargaining

See All Updates »

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom of…more

Colleges, Contractors, FOIA, Open Meetings Act, Sexual Harassment

See All Updates »

Department of Education Proposes New VAWA/Campus SaVE Act Regulations

On June 20, 2014, new proposed regulations targeting sexual assault, domestic violence, dating violence and stalking were published in the Federal Register. The draft regulations implement changes made to the Clery Act by the…more

Clery Act, Colleges, Department of Education, Universities, VAWA

See All Updates »

U.S. Supreme Court Directs Fifth Circuit To Reevaluate University Of Texas Admissions Process Using “Correct” Strict Scrutiny Test

In a 7-1 decision (in which Justice Elena Kagan did not participate), the U.S. Supreme Court ruled in Fisher v. University of Texas at Austin that the U.S. Court of Appeals for the Fifth Circuit applied the incorrect strict…more

Affirmative Action, College Admissions, Diversity, Fisher v University of Texas, SCOTUS

See All Updates »

Court Sanctions Employer $25K for Failing to Preserve Email After Notice of EEOC Charge

In Knickerbocker v. Corinthian Colleges, a trial court in Washington state sanctioned an employer because it failed to preserve evidence and issued an insufficient litigation hold after the employer received notice of EEOC…more

Duty to Preserve, EEOC, Enforcement Actions, Evidence

See All Updates »

DOJ and DOE Warning: School Enrollment Practices Must Not Discourage Enrollment of Immigrant Students

According to the U.S. Departments of Justice and Education, U.S. school districts are discouraging student enrollment based on their parents’ illegal immigrant status. The Departments issued guidance, a frequently asked…more

Citizenship, Citizenship Status Discrimination, Department of Education, DOJ, Final Guidance

See All Updates »

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers…more

ADA, Coca Cola, Employee Rights, Fitness for Duty Exams, Medical Examinations

See All Updates »

U.S. Supreme Court Unanimously Finds NLRB Recess Appointments Unconstitutional

As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

See All Updates »

Areas of Practice
  • Education
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Illinois
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.