Michael A. Warner Jr.

Michael A. Warner Jr.

Franczek Radelet P.C.

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Attorney General Madigan Sues Jimmy John’s over Non-Compete Agreements

On Wednesday, Illinois Attorney General Lisa Madigan filed suit against fast-food franchisor Jimmy John’s and several Jimmy John’s franchisees operating in Illinois claiming that Jimmy John’s and its franchises unlawfully...more

6/13/2016 - At-Will Employment Fast-Food Industry Franchises Jimmy John's Non-Compete Agreements Pre-Employment Agreements Restaurant Industry

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

5/26/2016 - Constructive Discharge EEOC Filing Deadlines Green v Brennan Hiring & Firing Race Discrimination Resignation Retaliation SCOTUS Statute of Limitations Title VII USPS

Supreme Court Tells EEOC It May Be on the Hook for Fees if It Does Not Fulfill Its Statutory Pre-Suit Duties

Title VII of the Civil Rights Act of 1964 (Title VII) authorizes the award of attorneys’ fees to a party who prevails in a discrimination or retaliation claim brought under that statute. Although this fee shifting provision...more

5/25/2016 - Attorney's Fees Discrimination EEOC EEOC v CRST Van Expedited Fee-Shifting Frivolous Lawsuits Prevailing Party SCOTUS Sexual Harassment Title VII

What Does The Defend Trade Secrets Act Mean For Employers?

On May 11, 2016, President Obama signed the Defend Trade Secrets Act which had been overwhelmingly passed by the U.S. House of Representatives on April 27, 2016, after having previously been passed by the Senate. The Act...more

5/16/2016 - Asset Seizure Confidential Information Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation New Legislation Private Right of Action Trade Secrets Whistleblower Protection Policies

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

4/26/2016 - Appeals Arbitration Arbitration Awards Deflategate Football Judicial Deference NFL Tom Brady Work Suspensions

Supreme Court Rejects One Strategy for Defeating Class and Collective Actions

In recent years, one tactic for attempting to defeat wage and hour class and collective action lawsuits class action lawsuits has been to offer the named plaintiffs full relief for their individual claims in the case. Even if...more

1/27/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA Wage and Hour

U.S Equal Employment Opportunity Commission: Recent Complaint Filings and Trends

The end of the federal government fiscal year (September 30) always produces a flurry of activity from the EEOC, and this year was no different. Of the 157 lawsuits filed by the EEOC in fiscal year 2015, approximately 62 of...more

10/22/2015 - ADA Civil Rights Act Corporate Counsel Disability Disability Discrimination DOJ EEOC Gender Discrimination Genetic Discrimination GINA LGBT Medical Records Title VII Transgender Young Lawyers

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 Race 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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