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. […]

Income members Brian Rosenblatt and Donn LaHaie recently authored articles for the June edition of Illinois State Bar Association’s (ISBA) The Policy. The Policy is ISBA’s insurance law newsletter, providing timely developments and updates on insurance law. Brian’s article, “Dramatic Expansion of Illinois Workers’ Compensation Rights Leads to Injunction, Nullification […]

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 […]