Illinois

Date: September 20, 2013

Rosenbach v. Six Flags – Legal Reform

Illinois Supreme Court

The NFIB Legal Center filed a brief in a case that will address what the necessary level of harm should be to bring a lawsuit under the Biometric Privacy Act, which requires a company that collects or shares biometric information to provide notice to and get consent from the data subject. BIPA creates a private right of action for any party “aggrieved by a violation” of the statute. 

 

McDonalds – Labor

National Labor Relations Board

The NFIB Legal Center joined  with other business groups in an amicus letter that asked the Board to issue a broad decision that will discourage future unfounded recusal motions.

 

Harris v. Quinn – Forced Unionization of IL Healthcare Providers

U.S. Supreme Court  (originated in IL)

The State of Illinois operates Medicaid-waiver programs that pay for in-home personal care for disabled individuals. The individual “providers” are selected and employed by the persons with disabilities or their guardians and are often relatives of the disabled persons. Illinois is compelling these providers to financially support the SEIU as their exclusive representative for bargaining with the State over its Medicaid reimbursement rates and benefits for personal care.
Plaintiffs are providers who assert that by compelling them to associate with an organization to petition the State for more benefits, the State is violating their rights to free expressive association under the First Amendment.

 

Janus v. AFSCME Labor and Employment 

U.S. Supreme Court – cert petition

The NFIB Legal Center joined with Cato Institute in urging the Supreme Court to grant certiorari in this case to resolve the question left open in the wake of the Supreme Court’s 4-4 split decision in Freidrichs v. California Teachers Association. Specifically, this case raises a question the question of whether state laws requiring public employees to financially support union activities violates their First Amendment rights.

 

Street Stone Partner v. Chicago – Legal Reform
Illinois Supreme Court

The state has argued that non-attorneys should not be permitted to represent parties in state administrative hearings. NFIB’s amicus argues that administrative agency hearings, like unemployment matters, can be handled more efficiently and less expensively by non-attorney representatives.

 

United Airlines v. EEOC – Employment

Originated in Illinois

U.S. Supreme Court – cert petition

Supreme Court has been asked to review the Seventh Circuit’s decision that the ADA requires employers to transfer minimally-qualified employees with disabilities over superior applicants with no disabilities.

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If you have a case that impacts small business, please contact us at:  1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

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