Every day, companies face an abundance of premises liability claims such as comparative negligence, open and obvious hazards, natural accumulation, spoliation of evidence and many more. Capital member Storrs Downey and income member Jeff Kehl recently co-authored an updated comprehensive overview of Illinois & Indiana premises liability that all employers […]

Chicago income member Jeff Kehl recently published an article for CLM Magazine titled, “Discovering New Protections.” Jeff breaks down Burdess v. Cottrell, Inc., a case of first impression Jeff successfully argued before the Illinois Appellate Court. The case examined whether a workers’ compensation lienholder is subject to written discovery from […]

By: Kirsten Kaiser Kus A new Indiana bill would allow employees to choose their own physician to treat any workplace injury or occupational disease. HB1339 allows employees to choose their attending physician regardless of their date of injury and would further require employers or their insurers to reimburse the chosen health care […]

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 […]