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 […]

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 […]

Capital member Geoff Bryce has been appointed President of the Society of Illinois Construction Attorneys (SOICA). SOICA recognizes Illinois lawyers who are distinguished for their skill, experience and professional conduct in the practice of construction law. Members discuss social and economic forces affecting the construction industry, as well as laws […]

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 […]

The summer 2020 issue of the American Bar Association’s 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 this issue include: Defenses for non-performance amid COVID-19 Post-pandemic advertising and content […]

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 Kirsten Kaiser Kus was recently recognized in the 27th Edition of Best Lawyers in America. Kirsten was recognized by her peers for her high caliber of work in workers’ compensation. She is ranked among the top 5% of private practice attorneys nationwide. Best Lawyers is based on a […]