Michael A. Warner Jr.

Michael A. Warner Jr.

Franczek Radelet P.C.

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Latest Publications


Deflategate for Labor Lawyers

With the NFL season just beginning, and Tom Brady leading the New England Patriots to victory over the Steelers, we decided to provide you with a bit of football-inspired labor law. On September 3, 2015, Judge Robert Berman...more

9/14/2015 - Arbitration Arbitration Awards Collective Bargaining Deflategate ESPN Football New England Patriots NFL Tom Brady Union Representatives Unions Willful Misconduct Work Suspensions

EEOC’s “Reverse” National Origin Discrimination Suit Survives Motion to Dismiss

This week, a federal district court ruled that the U.S. Equal Employment Opportunity Commission (EEOC) made sufficient factual allegations of intentional discrimination against a local farming company to survive a motion to...more

8/13/2015 - Civil Rights Act Discrimination Disparate Treatment EEOC Farm Workers Farms Motion to Dismiss National Origin Discrimination Title VII

Supreme Court Holds that EEOC Conciliation Efforts are Subject to Judicial Review

Wednesday, the Supreme Court held that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to attempt to conciliate charges of discrimination prior...more

4/30/2015 - Conciliation EEOC Judicial Review Mach Mining v EEOC SCOTUS

Confidentiality Clauses Under Increasing Scrutiny by Federal Agencies

The Securities and Exchange Commission (SEC) has become the latest federal agency to challenge the legality of employee confidentiality requirements. Earlier this month, the SEC instituted its first administrative proceeding...more

4/28/2015 - Confidentiality Agreements Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) Rule 21F SEC Whistleblower Protection Policies Whistleblowers

Sixth Circuit Holds Telecommuting Not a Reasonable Accommodation Where Regular and Predictable On-Site Job Attendance is an...

Courts have repeatedly recognized that “regular job attendance” is an essential function of most jobs that need not be altered in order to reasonably accommodate a disabled employee. This common sense notion, however, has...more

4/15/2015 - ADA Attendance EEOC Essential Functions Ford Motor Telecommuting

Federal Appellate Court Throws Out EEOC Discrimination Complaint After Expert Accused of “Cherry-Picking” Data

Last week, the Federal Court of Appeals for the Fourth Circuit upheld a district court’s decision granting summary judgment to an employer accused by the Equal Employment Opportunity Commission (EEOC) of racial bias in its...more

2/26/2015 - Background Checks Criminal Background Checks Disparate Impact EEOC Expert Witness Hiring & Firing Racial Discrimination

EEOC Continues Its Aggressive Stance Against Severance Agreements

Last Friday, the Equal Employment Opportunity Commission filed suit against CVS Pharmacy in the Northern District of Illinois alleging that standard separation agreements used by CVS unlawfully deter employees, who sign these...more

2/13/2014 - Compliance CVS EEOC Employer Liability Issues Investigations Severance Agreements

“Failure To Conciliate” Not A Defense To EEOC Lawsuits, Seventh Circuit Holds

Breaking ranks with every other federal appellate court to address the issue, the Federal Court of Appeals for the Seventh Circuit has ruled that an employer cannot defend a lawsuit brought by the EEOC by contending that the...more

12/31/2013 - Affirmative Defenses Discrimination EEOC Title VII

Employee Handbook May Create An Enforceable Obligation To Pay Overtime Under Illinois Law

A federal court in the Northern District of Illinois recently ruled that language in an employee handbook providing that employees would be paid overtime when they worked more than 40 hours in a week potentially created an...more

12/19/2012 - Employee Handbooks Employment Contract Over-Time

U.S. Supreme Court Enforces Arbitration Clause in Non-Compete Agreement

In the latest of a long line of decisions favoring arbitration, the United States Supreme Court has overturned a decision of the Oklahoma Supreme Court invalidating a non-compete agreement that contained a binding arbitration...more

11/28/2012 - Arbitration Arbitration Agreements Federal Arbitration Act Nitro-Lift Technologies Non-Compete Agreements Public Policy SCOTUS

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