Todd Lebowitz

Todd Lebowitz

BakerHostetler

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Illinois Supreme Court Upholds One of the Nation’s Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars...

Worker misclassification is now a bet-the-company issue. On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the “ECA”), a law that defines...more

3/3/2014 - Contractors Employee Definition Misclassification Subcontractors

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

2/13/2014 - Adverse Employment Action Background Checks Class Action Contract Drafting Disclosure Requirements Employment Application FCRA FTC Hiring & Firing Human Resources Professionals Job Applicants Waivers Written Consent

Texas Files Suit to Strike Down EEOC Background Check Guidance

The Equal Employment Opportunity Commission (“EEOC”) usually forces employers who are subject to Title VII to play defense. The State of Texas, however, has upended that approach. On November 4, 2013, Texas filed a federal...more

11/12/2013 - Background Checks Criminal Background Checks Disparate Impact EEOC Title VII

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the...more

11/1/2013 - Arbitration Arbitration Agreements Contract Formation Opt-Outs

Staffing Agency Employee May Sue Multiple Employers for Wrongful Discharge, Federal Court Rules

Whose employee is it anyway? The answer may be everyone’s. Companies who use staffing agencies to supply workers may be considered joint employers of those workers, even if the staffing agency hires and pays the...more

9/23/2013 - General Electric Hiring & Firing Retaliation Staffing Agencies Termination

Background Check Policies Exposing Employers to Legal Liability

The Equal Employment Opportunity Commission (EEOC) continues to challenge employers' seemingly legitimate reliance on background checks as part of the hiring process....more

8/23/2013 - Criminal Background Checks Discrimination Disparate Impact EEOC Employer Liability Issues

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