By: Rich Lenkov & Michael Milstein As we anticipated, both houses of the Illinois General Assembly have unanimously passed HB4276, extending the COVID-19 rebuttal presumption to 6/30/21. The bill amends both the Workers’ Occupational Diseases Act and Public Employee Disability Act and applies to employees who contracted the virus between 3/9/20 and 6/30/21. […]

By: Jessica Jackler  In September 2019, associate Jessica Jackler published an article in CLM Magazine about vaccines in the workplace and whether employers can make them mandatory. Now more than ever, “Managing an Outbreak,” is extremely topical with the COVID-19 vaccine approval and impending distribution phases. The EEOC has recently […]

By: Jessica Jackler As a reminder, the requirement that employers provide paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA) expired on December 31. The DOL has updated its guidance to advise employers that if they choose to continue to voluntarily provide […]

By: Rich Lenkov & Michael Milstein Yesterday, House Amendment 1 to HB782 was filed. The amendment extends the COVID-19 rebuttal presumption to 6/30/21. As a reminder, HB2455 provides a rebuttable presumption that COVID-19 exposure arose out of and in the course of employment for first responders and front-line workers. The current […]

By: Werner Sabo Many licensed professionals can get in trouble if they don’t properly bill for their time, with one potential minefield involving misclassification of workers. In Orentreich v. John B. Murray Architect, LLC (2020 N.Y. Misc. LEXIS 5645 (Sept. 8, 2020), the owner alleged that the architectural firm was […]

Capital member Storrs Downey and associate Jessica Jackler recently co-authored an article for Professional Liability Defense Quarterly, highlighting ‘cancel culture’ and its impact on the workplace. “You’re Canceled! – Tips for Employers to Help Falling Victim to Cancel Culture in the Current Climate” examines cancel culture amid the #MeToo and […]

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 […]