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. […]

By: Werner Sabo A recent copyright case out of the Sixth Circuit, Singletary Construction LLC v. Reda Home Builders, Inc., 2020 US App. LEXIS 17371 (6th Cir., June 1, 2020) illustrates the uncertainties that can arise in calculating damages. Singletary was a home builder and constructed a house at Lot […]

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 […]