Rich Lenkov recently moderated a forum for CLM’s Workers’ Compensation Magazine. The panel of workers’ compensation professionals discussed factors, challenges and strategies when dealing with claimants returning to work. “Getting Claimants Back To Work” was published in the fall issue of Workers’ Compensation Magazine. Read the full article here.

By: Storrs Downey Critical to the determination of whether an employee is a “qualified individual” entitled to protection under the Americans with Disabilities Act is whether he/she can perform the essential functions of his/her job with or without reasonable accommodations. 42 U.S.C. §12111(8). In the recent Seventh Circuit court decision […]

By: Jeff Kehl, Income Member. On April 26, 2017, the Indiana Supreme Court held that a general contractor could be held liable for injuries sustained by an employee of a sub-subcontractor under the general contractor’s contract with a property owner. In Ryan v. TCI Architects, 49 S02-1704-CT-253 (April 26, 2017), […]

By: Storrs Downey While it is not the only factor a court looks at, where an employer has a written history of ongoing disciplinary reports on an employee, this can be quite helpful in potentially defeating a claim of discrimination. In  Simpson v. Franciscan Alliance, Inc., 2016 WL 3536669 (7th […]

By: Storrs Downey & Maital Savin With an increasing number of misclassification suits filed against high profile companies such as Uber and FedEx, many businesses are concerned that they will be the next to make headlines. Every business that uses independent contractors has potential exposure for worker misclassification litigation. Worker […]

Storrs Downey and Maital Savin’s article “Religious Accommodations In The Workplace: Practical Lessons” was recently published in DRI’s Summer 2016 Edition of In-House Defense Quarterly Magazine. The article addresses the degree to which employers are required to accommodate certain common religious practices, such as head coverings, prayer schedules and facial hair. […]

By: Maital Savin, Associate On 1/20/16, the U.S. Department of Labor (DOL) issued guidance on joint employment under the Fair Labor Standard Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This new guidance aggressively expanded the definition of employment to include arrangements that employers may not […]

By: Storrs Downey, Capital Member Two recent jury verdicts involving workers who claimed retaliatory discharge remind us of the costly exposure employers might face when they terminate an employee who was injured at work. In January 2016, a Cook County jury awarded an injured worker $2.6 million, including $2.5 million […]

By: Maital Savin, Associate Two recent Seventh Circuit decisions could be very helpful to employers defending against disability discrimination and accommodation claims under the Americans with Disabilities Act (ADA). The ADA prohibits employment disability discrimination and requires employers to attempt to reasonably accommodate qualified individuals with disabilities. Although the 2008 […]

Storrs Downey and Maital Savin recently published an article in the October issue of Claims Management Magazine. Click Here to read “Call Me Claimant? Understanding Transgender Employee Discrimination Claims And Legal Developments.”