By: Jessica Jackler In Tonyan v. Dunham’s Athleisure Corp., No. 19-2939 (July 20, 2020), the Seventh Circuit affirmed a summary judgment ruling in favor of the employer in an ADA failure to accommodate case. The employee sued her employer because she was terminated shortly after she provided her employer with […]

By: Jessica Jackler The City of Chicago implemented an emergency travel order, effective July 6, impacting travelers coming into Chicago from states designated as high-risk for COVID-19 cases. Individuals covered by the order are required to quarantine for 14 days. The order will affect employers and employees while it is […]

By: Jessica Jackler In Kurtzhals v. County of Dunn, No. 19-3111 (7th Cir. 2020), the Seventh Circuit affirmed the district court’s summary judgment ruling in favor of the employer in a disability discrimination claim by an employee who was put on temporary paid leave and ordered to undergo a fitness-for-duty […]

By: Jessica Jackler In Zollinger v. Wagner-Meinert Engineering, LLC, 146 N.E.2d 1060 (Ind. Ct. App. 2020), the Indiana Court of Appeals enforced a non-compete agreement barring a former employee from working for a competitor based on non-compete restrictions the employee had executed in connection with the sale of the employee’s […]

By: Jessica Jackler One potential key to successfully defend a Title VII (race, sex, national origin, etc.) claim is an evidentiary comparison between how the plaintiff employee was treated by the defendant employer in relation to other similarly situated employees outside the protected class (i.e. “comparators”). If the employee cannot […]

By: Jessica Jackler The National Labor Relations Board’s (NLRB) decision in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020) modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statement—including profane, racist and sexually unacceptable remarks—in the course of activity otherwise […]

By: Jessica Jackler On September 11, the DOL issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a New York federal court’s ruling that invalidated certain provisions of the FFCRA. The revised regulations became effective September 16. The revised regulations specifically address four issues: Whether FFCRA leave may […]

By: Tina Paries The Miller Act, 40 U.S.C. § 3131, et. seq., was enacted to protect subcontractors against nonpayment for work performed on federal government construction projects. The Miller Act requires a prime contractor to supply a payment bond on any contract more than $100,000 for “the construction, alteration, or […]

Income member Kirsten Kaiser Kus recently published an article for CLM Magazine titled, “Hazards At Home: Mitigating the Dangers of an At-Home Workplace.” Kirsten co-authored the article with Continental Western Group’s Workers’ Recovery Unit Director, Claire Muselman and North American Risk Services’ Workers’ Compensation Unit Manager, Michelle Kirkland. “Hazards at […]

Income member Michael Milstein and associate Chase Gruszka co-authored an article for Illinois State Bar Association’s (ISBA) construction law newsletter, Building Knowledge.   “The Realities of the Workers’ Compensation COVID-19 Rebuttable Presumption” details HB2455 and the rebuttable presumption that first responders contracted COVID-19 out of and in the course of employment. […]