Chicago income member Jeff Kehl recently published an article for CLM Magazine titled, “Walmart’s COVID-19 Problem.” Jeff provides a full analysis of the first COVID-19 wrongful death suit filed in Cook County, Evans v. Walmart, (Cook County, Cause No. 2020 L 003938) and examines direct civil suits against employers for COVID-19 deaths. […]

By: Jessica Jackler On June 17, the EEOC updated its Coronavirus Technical Assistance Questions and Answers, specifically addressing the use of antibody tests under the ADA. The guidance concludes that in light of recent interim guidelines from the CDC, employers requiring antibody testing before allowing its employees to re-enter the […]

By: Storrs Downey & Jessica Jackler In a long-awaited landmark decision, the U.S. Supreme Court issued its ruling on June 15, holding that Title VII protects LGBTQ workers against discrimination. Justice Neil Gorsuch wrote the majority opinion in the 6-3 ruling, which decided three employment discrimination cases involving the reach […]

By: Cary Schwimmer In Carrethers v McCarthy, Case No. 19-5712 (May 28, 2020), the 6th Circuit U.S. Court of Appeals confirmed that an employer may legitimately fire an employee if it believes that the employee falsified allegations of misconduct directed against him or her.  Carrethers, a civilian employee who worked […]

By: Storrs Downey & Jessica Jackler Under both Illinois and federal law, employers are required to post notices regarding employees’ rights related to the COVID-19 pandemic. The DOL has issued posters regarding employee rights under the Families First Coronavirus Response Act (FFCRA). The poster advises employees of their rights to any paid leave […]

By: Rich Lenkov As we expected, Gov. Pritzker has signed HB2455, making it significantly easier for employees claiming COVID-19 to receive workers’ compensation benefits. Effective immediately, the new law provides a rebuttable presumption that COVID-19 was contracted out of and in the course of employment for first responders and front-line […]

By: Storrs Downey & Jessica Jackler As businesses contemplate reopening, there are many legal and personnel issues to first consider. It is imperative that employers come up with a detailed plan well in advance of reopening its doors. This article explores some potential pitfalls employers should be aware of and […]

By: Rich Lenkov In one of the first moves after the Illinois legislature went back into session, the Illinois General Assembly passed a bill on 5/22/20 making it easier for employees claiming COVID-19 to receive workers’ compensation benefits.  The bill creates a rebuttal presumption that the virus was contracted on the […]

The spring 2020 issue of American Bar Association’s (ABA) Entertainment & Sports Lawyer is now available. The quarterly publication provides readers practical information, public policy and scholarly viewpoints on current entertainment and sports industry matters. Select feature topics for the Spring 2020 issue include: Defenses for non-performance amid COVID-19 2020 […]

By: Rich Lenkov A new bill would make it far easier for employees alleging work-related COVID-19 to prove their case.  Analysis: The 4/13/20 Emergency Amendment to the Rules of Evidence, which was later repealed, greatly expanded a “petitioner’s” ability to prove their case. This meant that until an employee began the […]