Employment/Labor

The Employment Law Group advises the firm’s clients with respect to the full range of federal, state and local labor and employment laws, including:

Employment Agreements, Policies and Procedures: drafting employment agreements, restrictive covenants (non-competition and non-solicitation agreements), personnel manuals, applications, background-check authorizations, and other policies and procedures

Regulatory Compliance: advising clients with respect to the wide array of federal, state and local employment-based statutes, regulations and ordinances that affect them, including the federal Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Equal Pay Act, the Pregnancy Discrimination Act, the Occupational Safety and Health Act, the Uniform Services Employment and Re-employment Rights Act, the Fair Labor Standards Act, and myriad state and local statutes, regulations, and ordinances

Employee Discipline and Termination: advising clients with respect to employee disciplinary actions and terminations

Leaves of Absence: advising clients with respect to employee leaves of absence, including compliance with the FMLA, the ADA, the Illinois VESSA, and the Workers Compensation Act

Discrimination Charges: representing clients with respect to charges of discrimination filed with the United States Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Wisconsin Department of Workforce Development, and other applicable federal and state agencies, including drafting position statements and participating in mediation and fact-finding conferences

Litigation: representing clients that have been sued or threatened with suit as a result of employment-based actions, including allegations of discrimination, retaliatory discharge, employment-based defamation, breach of contract, and other statutory and common law causes of action; and representing clients who wish to file suit against former employees based upon such conduct as a breach of their restrictive covenants, theft, and/or breaches of their fiduciary duties to their employer

Payroll and Compensation: assisting clients in complying with the Fair Labor Standards Act, the Illinois Wage Payment and Collection Act, and other applicable federal and state statutes

Organized Labor: assisting clients that are faced with union organizing efforts, drafting and negotiating collective bargaining agreements, and defending clients that have been threatened with or subjected to an unfair labor practice charge

Unemployment Claims: assisting clients in protesting claims for unemployment and representing clients in administrative hearings before the Illinois Department of Employment Security

Employee Benefits: Our attorneys provide advice on the tax and ERISA regulations governing pension plans, retirement plans, 401(k) plans, profit sharing plans, ESOPs and non-qualified deferred compensation plans. They are also well versed on Section 125 “cafeteria” plans, COBRA, HIPAA and other regulations applicable to health plans.

Restrictive Covenants: We routinely counsel our clients regarding drafting and litigating the enforceability of restrictive covenant, confidentiality and non-solicitation agreements. Over the last 40 years, members of the firm have achieved important results in the court room, both enforcing, and defending against the enforcement, of post-employment restrictions.

Employee Classification – Independent Contractor Status: Action by state regulators challenging the classification of workers as independent contractors is on the rise. We assist our clients on a pro-active basis to avoid regulatory action that often arises from employee misclassification. We have also successfully litigated administrative claims that have arisen from governmental audits.