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 […]

By: Rich Lenkov In one of the first moves after the Illinois legislature went back into session, the Illinois General Assembly passed a bill on 5/22/20 making it easier for employees claiming COVID-19 to receive workers’ compensation benefits.  The bill creates a rebuttal presumption that the virus was contracted on the […]

The spring 2020 issue of American Bar Association’s (ABA) Entertainment & Sports Lawyer is now available. The quarterly publication provides readers practical information, public policy and scholarly viewpoints on current entertainment and sports industry matters. Select feature topics for the Spring 2020 issue include: Defenses for non-performance amid COVID-19 2020 […]

By: Rich Lenkov A new bill would make it far easier for employees alleging work-related COVID-19 to prove their case.  Analysis: The 4/13/20 Emergency Amendment to the Rules of Evidence, which was later repealed, greatly expanded a “petitioner’s” ability to prove their case. This meant that until an employee began the […]

By: Rich Lenkov After a downstate judge granted a temporary restraining order (TRO), effectively nullifying the rule change granting a wide class of employees great latitude establishing COVID-19 cases, the Illinois Workers’ Compensation Commission now has repealed the rule altogether. While the restraining order was “temporary,” and set for briefs and oral arguments in May, in a conference […]

By: Rich Lenkov On 4/24/20, Sangamon County Circuit Court Judge John Madonia granted a Motion for Temporary Restraining Order (TRO) filed by several business groups, Business Groups Sue Illinois Workers’ Compensation Commission Over Rule Change. The TRO follows a telephone hearing on 4/23/20. The court has enjoined the Commission and […]

By: Rich Lenkov As predicted last week in Illinois Workers’ Compensation (IWCC) Emergency Rule Change, a coalition of business groups filed a lawsuit today against the IWCC to oppose rule changes making it easier for employees to recover for COVID-19 injuries. The lawsuit was filed by the Illinois Manufacturers’ Association and Illinois […]