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November 28, 2011- HR Director’s Remarks Can Constitute Direct Evidence of Discrimination
The Court of Appeals Reverses Summary Judgment in Makowski v. SmithAmundsen LLC.
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October 24, 2011- Proposed Legislation Imposes New Requirements and Higher Penalties for Employee Misclassification
The Employee Misclassification Prevention Act (H.R. 3178)
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October 17, 2011 – Caffarelli & Siegel Ltd. Wins Summary Judgment in FMLA Case
Cuff v. Trans States Holdings, Inc., et al.
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October 3, 2011- EEOC Files Suit against Bass Pro for Race Discrimination
Complaint Alleges Bass Pro Refused to Hire Qualified Applicants and Retaliated against Employees Who Opposed its Hiring Practices.
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September 26, 2011- ABA Announces that Lawyers Must Protect the Confidentiality of E-mail Communications with Clients
American Bar Association Issues Formal Opinion 11-459.
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Caffarelli & Siegel Welcomes New Law Clerk
Susan Baker Joins the Team of Caffarelli & Siegel Ltd.
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August 1, 2011- Direct Care Job Quality Improvement Act Introduced into House and Senate
Amendment to FLSA would extend protections to home care workers.
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June 20, 2011- Supreme Court Denies Certification in Employment Discrimination Lawsuit Against Wal-Mart
Plaintiffs sought to certify a class of 1.5 million current and former female employees nationwide who alleged gender-based discrimination in promotions and pay by the largest private employer in the country.
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June 6, 2011 - Several States Consider Loosening their Child-Labor Laws
Illinois currently lacks hourly restrictions for employees 16 to 18 years old.
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June 1, 2011 - SEC Announces Rules for Whistleblower Reward Program
New rules incentivize, rather than mandate, internal reporting.
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May 16, 2011 - Department of Labor Releases Timesheet Smartphone Application
Application will enable employees to keep track of hours worked and improve their ability to claim unpaid wages.
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May 9, 2011 - Second Circuit Denies Compensation for Commuting Time under the FLSA, Confirms Lenient Standard for Establishing Unpaid Overtime Hours
Court permits an employee to substantiate a claim for overtime pay based upon the employee’s own recollection of hours worked.
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May 2, 2011 - Eighth Circuit Court Holds that Applebee’s Must Pay Tipped Employees Minimum Wage for Performing a Substantial Amount of Non-tipped Work
Eighth Circuit holds that if an employee spends more than 20% of his time on non-tipped work, the employer cannot apply the FLSA tip credit to all of his wages.
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April 25, 2011 - Massachusetts District Court Uses Novel Rationale to Find that Undocumented Workers May Bring Collective FLSA Claims
A Massachusetts District Court has denied the employer discovery of employee immigration status, sought for the purpose of defeating conditional class certification under the FLSA.
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April 18, 2011 - Accountant Receives $4.5M Award under IRS Whistleblower Law
An accountant who provided information to the IRS about his employer’s fraudulent tax activity received an award equaling 22% of the taxes recovered by the government.
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April 11, 2011 - Equal Pay Day on April 12, 2011 Aims to Heighten Awareness of the Gap in Wages between Men and Women
NELA-Illinois members to attend NCPE rally at Daley Plaza to highlight Equal Pay Day.
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April 4, 2011 – EEOC Publishes Final Regulations for ADA Amendments Act
Final regulations clarify how to determine who has a “disability” and simplify the process for claiming protection under the ADA.
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March 28, 2011 – Supreme Court Holds that an Employer cannot Retaliate Against an Employee for Making an Oral Complaint of a FHSA Violation
Supreme Court holds that the FLSA antiretaliation provision includes protection after making oral complaints.
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March 21, 2011 – District Court Holds Class Action Waiver in Arbitration Agreement as Unenforceable
Court holds that a class action waiver in an arbitration agreement deprived the plaintiff of her rights under FLSA.
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March 7, 2011 – Supreme Court Holds Company Liable for Supervisors’ Discriminatory Actions where the Company Based its Employment Decision on the Supervisors’ Recommendation
The Supreme Court held that a company was liable for employment discrimination committed by an employee who influenced but did not make the ultimate adverse employment action.
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February 28, 2011 – Marc Siegel Addresses NELA-Illinois 10th Annual Seventh Circuit Conference
Marc Siegel spoke on a panel presenting the best practices for achieving a settlement.
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February 21, 2011 – Caffarelli & Siegel Ltd. Successfully Appeals Summary Judgment Ruling Before the Seventh Circuit
Seventh Circuit decision enables retaliation claim to continue, allows for increased use of inferences to make causal connections in retaliation cases.
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February 14, 2011 – Seventh Circuit Holds that Medical Evidence of a Disability is not Necessary to State a Claim under the Americans with Disabilities Act
The Seventh Circuit holds that no statute or prior case law required the use of medical evidence to demonstrate an employee’s substantial limitations under the Americans with Disabilities Act.
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February 7, 2011 - Supreme Court Allows for Third-Party Retaliation Claims under Title VII
The Supreme Court holds that an employer could be subject to liability for firing the fiancé of an employee who filed a Title VII discrimination claim.
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January 31, 2011 - Jewel-Osco Settles ADA Suit for $3.2 Million
110 employees participated in suit alleging that Jewel repeatedly fired employees who had filed disability claims.
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January 24, 2011 – Federal Courts May Preside over “Combined Actions” Involving Collective Actions Brought under FLSA which Also Include a State-Law Class Action.
Seventh Circuit clarifies confusion among trial courts as to whether a federal court presiding over a FLSA collective action could exercise supplemental jurisdiction over a Rule 23(b)(3) state-law class action.
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January 17, 2011 - EEOC Charge Statistics Reveal a Significant Increase in Complaints
The EEOC received more charges last year than in any of the previous 14 years.
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January 10, 2011 – Caffarelli & Siegel Ltd. Welcomes New Law Clerk
Jacob Gilbert joins the team of Caffarelli & Siegel Ltd.
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January 3, 2011 - Senate Confirms Chair, Commissioners and General Counsel of EEOC
Jacqueline A. Berrien, Chai R. Feldblum, Victoria A. Lipnic and P. David Lopez confirmed following nominations by President Obama
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December 6, 2010 - Supreme Court Grants Certiorari in Wal-Mart Stores, Inc. v. Dukes, 10-277
Wal-Mart seeks review following certification of class of female employees.
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November 15, 2010 - Supreme Court of Illinois Holds Admissions Ceremony
Caffarelli & Siegel Ltd. Associate Madeline Engel Sworn In
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November 1, 2010 - Supreme Court to Hear Oral Arguments on Cat’s Paw Theory of Liability
Staub v. Proctor Hospital
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October 18, 2010 - Supreme Court Hears Oral Arguments in Kasten v. Saint-Gobain Performance Plastics Corp.
Court to issue decision on whether oral complaints are protected activity under FLSA § 215(a)(3)
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October 11, 2010 - Alejandro Caffarelli to Moderate Panel at ABA Conference on Labor and Employment Law
4th annual conference scheduled for November 3 – 6, 2010.
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October 4, 2010 - Lorrie Peeters to Speak at the IPA 2010 Fall Education Program
Discussion will explore the interplay between social networking and employment law.
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September 27, 2010 - Dependent Coverage Requirements of Affordable Care Act Effective
New health care law now requires coverage of dependents age 26 and younger.
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September 20, 2010 - Caffarelli & Siegel Ltd. Files Class Action Under FLSA
Jose Robles v. R&L Carriers.
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September 13, 2010 - Governor Quinn Signs Amendment to Illinois Family Military Leave Act
New law expands definition of “eligible employee”.
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August 30, 2010 - Illinois Wage Payment and Collection Act Amended to Increase Employee Protections
Illinois Wage Theft Enforcement Act to take effect on January 1, 2011.
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August 23, 2010 - Dodd-Frank Act Strengthens Whistleblower Protections
Financial Reform Legislation Encourages and Protects Employee Reports to Regulatory Agencies
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August 16, 2010 - Caffarelli & Siegel Ltd. Defeats Motion to Dismiss FMLA Case
Cuff v. Trans States Holdings, Inc., et al.
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August 9, 2010 - Governor Quinn Enacts Employee Credit Privacy Act
Illinois law will prohibit employers from discriminating on basis of employees’ credit history.
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June 28, 2010 - Department of Labor Broadens Caretaker Coverage under FMLA
Administrator’s Interpretation No. 1010-3 clarifies definition of “son or daughter”.
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June 14, 2010 - Senate and House Hearings Held on Protecting Older Workers Against Discrimination Act
Age discrimination plaintiffs could prevail on their claims by showing only that age was a motivating factor driving an adverse employment action.
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June 1, 2010 - Employee Misclassification Prevention Act Introduced into House and Senate
The Act will seek to ensure that all individuals who are legally employees are properly classified.
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May 24, 2010 - Caffarelli & Siegel defeats Defendant’s Motion for Summary Judgment
Gomez v. Car-Min Construction Co.
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May 3, 2010 - Caffarelli & Siegel Ltd. Wins Federal Jury Trial in FMLA Retaliation Case
Rasic v. City of Northlake and Dennis Koletsos, individually
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April 19, 2010 - Amendment to FLSA Requires Reasonable Break Time for Nursing Mothers
The Patient Protection and Affordable Care amends the FLSA to include a requirement that employers accommodate the needs of nursing mothers at work.
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April 5, 2010 - Supreme Court to Determine Whether Oral Complaints are Protected Activity Under the Anti-Retaliation Provision of the FLSA
Kasten v. Saint-Gobain Performance Plastics Corp.
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March 15, 2010 - Caffarelli & Siegel Ltd. Prepares for Upcoming Federal Jury Trial in FMLA Case
Rasic v. City of Northlake, et al.
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February 15, 2010 - Caffarelli & Siegel Ltd. Welcomes New Law Clerk
Madeline Engel joins the team of Caffarelli & Siegel Ltd.
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January 18, 2010 - Partners of Caffarelli & Siegel Receive Prestigious Recognition
Partners Alejandro Caffarelli and Marc J. Siegel have been selected for the inclusion on the 2010 Illinois Super Lawyers and Rising Stars
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January 11, 2010 - Caffarelli & Siegel Ltd. Obtains Summary Judgment for the Plaintiff on an Issue of First Impression
Matthew Jackson v. Jernberg Industries, Inc.
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December 28, 2009 - Caffarelli & Siegel defeats Defendant’s Motion for Summary Judgment
The case is scheduled to go to federal jury trial in February.
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December 9, 2009 - Caffarelli & Siegel Ltd. Obtains Rare Reversal of Adverse Verdict
New trial is scheduled in the matter of White v. Anthology, Inc.
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November 2, 2009 - Are You Misclassified?
How to Identify Whether You Have Been Wrongly Classified as an Independent Contractor and Potential Remedies
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October 12, 2009 - Caffarelli & Siegel Ltd. Wins Federal Jury Trial in FMLA Case
Ulit v. Advocate South Suburban Hospital
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September 15, 2009 - Caffarelli & Siegel Ltd. Goes toTrial
Firm Prepares for Upcoming Federal Jury Trial in FMLA Case
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August 31, 2009 - Supreme Court May Resolve Circuit Split on “Cat’s Paw” Liability
Writ of certiorari seeks Supreme Court resolution to long-standing dispute on standard of liability in “cat’s paw” cases
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July 20, 2009 - President Obama Announces Nominee for EEOC Chair
Jacqueline A. Berrien has been nominated to be the Chair of the U.S. Equal Employment Opportunity Commission (“EEOC”).
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July 6, 2009 - Supreme Court Rules on Gross v. FBL Financial Services, Inc.
Supreme Court makes age discrimination cases more difficult to prove.
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June 29, 2009 - Supreme Court Rules on Favor of New Haven Firefighters
The Supreme Court has determined that New Haven discriminated against white firefighters.
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June 8, 2009 - USCIS Accepting H-1B Petitions for Fiscal Year 2010
The number of H-1B petitions that USCIS has received is down from the previous few years, and visas remain available.
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May 26, 2009 - Employer Violated the FMLA by retroactively designating an employee as part-time.
Seventh Circuit agrees that employee produced sufficient evidence that she was entitled to FMLA benefits, and she was terminated in retaliation for exercising her FMLA rights.
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May 18, 2009 - Employer may Violate FMLA by Terminating an Employee, even if the Employee is Ineligible for Leave
FMLA retaliation protections extend to ineligible employees that request FMLA leave that will commence once the employee is eligible under the act.
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May 11, 2009 - Summary Judgment Denied in White v. Anthology, Inc.
Former Human Resources Manager, alleges that she was terminated in violation of the Family and Medical Leave Act
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May 4, 2009 - Promissory estoppel is a cause of action in Illinois
Illinois Supreme Court confirms that promissory estoppel is a cause of action in Illinois
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April 28, 2009 - Employer Liable for Supervisor Harassment
Illinois Supreme Court holds employers strictly liable for supervisor harassment
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February 23, 2009 - Supreme Court clarifies Title VII retaliation provision
Retaliation now includes participating in internal investigations
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February 16, 2009 - Retaliation claims may not have to be specified in an EEOC charge
The 4th Circuit Court of Appeals holds that plaintiffs may allege retaliation for the first time in court
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February 9, 2009 - Employer can fire transgender employee for violating dress code
Federal court holds that Title VII does not protect transgender employees who violate dress codes
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February 2, 2009 - President Obama signs Ledbetter legislation into law
New law addresses discriminatory pay.
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January 22, 2009 - Mental health problems to receive equal benefits with physical health problems
New law provides benefits for mental health and substance abuse problems.
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January 7, 2009 - Seventh Circuit allows discrimination case to go to trial
Law firm may be liable for discriminating against Muslim employee.
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December 31, 2008 - Sixth Circuit holds that Disabled Retirees are not covered under the ADA
Disabled retirees cannot sue their former employers for discrimination.
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December 15, 2008 - The implications of the Employee Free Choice Act
The Employee Free Choice Act could drastically change unionization in the workplace.
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December 8, 2008 - Second Circuit holds that assault is not an adverse employment action
Assaults must be “extraordinarily severe” to warrant protection under Title VII.
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December 1, 2008 - Oral arguments made to the Supreme Court in Crawford v. Metropolitan Government of Nashville
Supreme Court considers whether participating in an internal investigation is a protected activity.
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November 26, 2008 - New law extends Unemployment Insurance benefits
President Bush signed into law an extension of unemployment benefits.
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November 24, 2008 - Employers may not discriminate against employees who choose to have an abortion
Protection under Title VII includes protection for receiving or contemplating an abortion.
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November 17, 2008 - Voters in two states considered affirmative action in recent election
Nebraska and Colorado voted on whether to ban affirmative action.
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November 10, 2008 - Obama/Biden signal labor and employment priorities as transition begins
Discrimination, family leave and unionization on Obama/Biden’s priority list for the new administration.
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November 3, 2008 - New FMLA regulations sent to Office of Management and Budget for approval
The Department of Labor submitted a final draft of new regulations to the OMB
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October 29, 2008 - District Court expands Title VII protection to include transgender individuals
Transgendered individuals may now receive protection from employment discrimination under Title VII.
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September 29, 2008 - 7th Circuit Expands List of Protected Activities
Complaining internally about a Title VII investigation now considered protected activity.
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September 22, 2008 - President Signed Genetic Discrimination Legislation Into Law
The Genetic Information Nondiscrimination Act is signed into law.
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September 15, 2008 - Colorado Meatpacking Plant Laid Off 100 Muslim Immigrants
100 employees fired after protesting employer’s refusal to accommodate their religion.
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September 8, 2008 – U.S. House of Representatives passes Amendments to the ADA
Proposed ADA Amendments set to expand the definition of “disabled.”
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August 11, 2008 - Plaintiff Alleges that Employer Interfered with his FMLA Rights
Caffarelli & Siegel files FMLA lawsuit against Ferrara Pan Candy Company
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August 4, 2008 - U.S. Supreme Court finds that Section 1981 Encompasses Retaliation Claims
Retaliation Claim under Section 1981 Include Employment Related Claims
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July 21, 2008 - Human Resources Manager Alleges that Employer Violated the FMLA
Caffarelli & Siegel files federal lawsuit against Anthology, Inc., alleging that Plaintiff was terminated in violation of the Family and Medical Leave Act.
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July 14, 2008 - Caffarelli & Siegel Ltd. Contributes to the Formation of New Law
Caffarelli & Siegel Breaks New Ground: Court Rules on “First Impression” FMLA Issue
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July 7, 2008 - Company Interfere with Employee's FMLA Rights
Caffarelli & Siegel files federal lawsuit against Jernberg Industries, Inc., alleging interference with Plaintiff’s right to intermittent leave pursuant to the Family and Medical Leave Act.
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June 30, 2008 - Discrimination and Retaliation Lawsuit Against Fortune 500 Company
Caffarelli & Siegel files federal lawsuit against Gibson Electric Technology Solutions, alleging discrimination and retaliation on the basis of race, in violation of Title VII and Section 1981.
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May 8, 2008 - Chicago Cab Company Allegedly Violates the FLSA
Caffarelli & Siegel files federal lawsuit against Chicago cab company, alleging violation of the Fair Labor Standards Act for failing to pay overtime rates.
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April 30, 2008 - Seventh Circuit Court of Appeals Reverses FMLA Case Decision
Seventh Circuit finds summary judgment inappropriate in FMLA case where alleged performance problems could be attributed to employer’s failure to respond to challenges of FMLA-protected absences
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April 25, 2008 - Caffarelli & Siegel Ltd. Newsletter
Click on this story to see the first volume of our 2008 newsletter for clients and friends of the firm.
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April 22, 2008 - Supreme Court of Illinois Reverses Retaliatory Discharge Decision
The Supreme Court of Illinois Rules That Local Government Entities Are Not Immune From Retaliatory Discharge Claims
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March 28, 2008 - Judgement Obtained in Wage Case
Busboys were terminated in retaliation for complaining about the minimum wage and overtime violations.
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March 20, 2008 - Race Discrimination & Retaliation Case Goes to Arbitration
UPS supervisor is terminated on the basis of his race, Hispanic.
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March 4, 2008 - Wage Case Filed on Behalf of Janitorial Employees
Chicago-area cleaning company failed to pay overtime or travel time to janitorial employees
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USCIS has issued Revised 2007 Employment Eligibility Verification Form I-9
U.S. Citizenship and Immigration Services announced on November 07, 2007 that it has released a new version of Form I-9, Employment Eligibility Verification, and M-274, Handbook for Employers, Instructions for Completing the Form I-9. Both documents are now available to download at www.uscis.gov.
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Immigration News: Employment Authorization
Immigration and Customs Enforcement Announces New No-Match Regulations.
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USCIS fees change on July 30, 2007.
The below fee schedule applies if you file on or after that date. The fees listed below include both the filing fee and any required biometric fees.
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Decision - Kamboj v. Eli Lilly
Northern District of Illinois Issues Decision on Rights of At-Will Employees
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Alternatives to H1-B Visa
USCIS announced that it has received enough H-1B petitions to meet the cap for fiscal year 2008.
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Employers Required to Pay All Wages Due Upon the Termination
California Supreme Court Rules That Employer’s Must Pay All Wages Due Upon The Completion Of A Specific Job Requirement
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Unenforceable Non-Competition Clause
The Northern District Of Illinois Finds Non-Competition Clause To Be Overly Broad And Unenforceable
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Allowed Deductions for Cost of Cleaning Uniforms
The Department of Labor Clarifies When An Employer May Deduct The Cost Of Cleaning Uniforms From Tipped Employees
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$920,000 Settlement in Sanchez, et al. v. Stampede Meat , Inc. Featured in the Chicago Daily Law Bulletin
The filed case of Sanchez, et al. v. Stampede Meat , Inc. was featured in the Chicago Daily Law Bulletin in April 2006. Caffarelli & Siegel Ltd. and Jac A. Cotiguala & Associates filed this lawsuit on behalf of the client, Alejandra Sanchez et al.
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Recently Passed Employment Laws Take Effect
The Illinois Day and Temporary Services Act protects day laborers, and the Illinois Human Rights Act is amended to prohibit discrimination on the basis of sexual orientation.
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Mendoza v. Dania Featured in News Media
On December 21, 2005, Caffarelli & Siegel Ltd. client Antonio Mendoza's lawsuit was featured in the Daily Herald Newspaper and on Univision. Click here to read the article.
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Immigration Update: Pre-PERM Labor Certifcations
Due to the new PERM regulations governing labor certifications, cases filed prior to March 28, 2005 are being processed at Backlog Processing Centers. How this affects your pending labor certification.
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Recent Developments in Employment Law
November 2005 - Jessica Fayerman
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Recent Development Regarding Employment-Based Immigrant Visas
In October 2005, immigrant visa numbers retrogressed (backlogged) for several employment-based categories, including the most common Third Preference. What does this mean for you?
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Summary Judgment Denied in Orozco v. Rock Tenn
Judge rules in favor of Caffarelli & Siegel Ltd. client Isidoro Orozco.
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