Bennett Epstein

Bennett Epstein

Foley & Lardner LLP

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Latest Publications


“Accurate” Time Records Must Actually Be Accurate

Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals. In this season of confusion, particularly regarding the on-again/off-again...more

12/14/2016 - DOL Employer Liability Issues FLSA Payroll Records Penalties Recordkeeping Requirements Wage and Hour

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

7/21/2016 - ADA Affirmative Defenses Corporate Counsel Dangerous Condition Employer Liability Issues Hiring & Firing Independent Medical Review Medical Examinations Medical Leave Popular Probationary Employees Rehabilitation Act Termination Workplace Violence

Chicago Adopts Paid Sick Leave Following Burgeoning National Trend

Late last month, the Chicago City Council unanimously approved a new paid sick leave ordinance requiring virtually every employer in the city to provide at least some paid time off to employees for sick leave purposes. Cook...more

7/15/2016 - City Councils City of Chicago Collective Bargaining Agreements (CBA) FMLA Local Ordinance New Legislation Paid Leave Sick Leave Tipped Employees Wage and Hour

Don’t Forget That Litigation Hold!

When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more

2/24/2016 - Custodians Data Retention Demand Letter Discovery Document Preservation Notices Duty to Preserve Litigation Hold Young Lawyers

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

9/23/2015 - Employee Rights Employer Liability Issues Exceptions FLSA Minimum Wage Over-Time Retailers Sales Commissions Salespersons Wage and Hour White-Collar Exemptions Young Lawyers

Labor and Employment — The TMZ of Law

We employment lawyer types proudly boast that no one has better legal stories to tell than we do (if only we could tell all of our stories). Some of our best stories were thrust into the media during the first quarter of...more

4/8/2015 - Employer Liability Issues Hostile Environment Kleiner Perkins Caufield Marchuk v Faruqi Sex Discrimination Sexual Harassment

Contemporary Clothing's "Look" Collides With Title VII

There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious...more

10/14/2014 - EEOC Employer Liability Issues Enforcement Actions Fashion Industry Religious Clothing Religious Discrimination Retailers

Wait, Now I Have to Allow Employees to Steal Too?

With the passage of the Americans with Disability Amendments Act, (ADAAA), Congress very purposefully moved disability-related inquiries away from whether employees are “qualified individuals with a disability” and refocused...more

4/29/2014 - ADA ADAAA Disability EEOC Employee Rights Employer Liability Issues

"They Owe You" Does Not Always Mean You Can Withhold

It is common for employees to separate from employment while still owing money to their employer. Such indebtedness can be generally attributed to a variety of causes, which can be broken down into three categories...more

5/14/2013 - Debt Hiring & Firing Overpayment Wage Deductions Wages

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