Steven Malitz

Arnstein & Lehr Chicago Partner Steven N. Malitz has written an article entitled, “Leverage and Documentation Create Business Freedom.” In this article, Mr. Malitz discusses his successful representation of a shareholder in two separate suits brought against him by a fellow shareholder and the facts and results of the litigation.

The case involved the disagreement between two shareholders who owned a business for many years, under a “hand-shake.”  Mr. Malitz’ client started an unrelated, non-competitive business in foreign country.  Claiming that Mr. Malitz’ client deserted the goods business, the other shareholder denied the client access to the business and eliminated his compensation. The other shareholder then sued to dissolve the goods business to start his own competing business and also filed a separate suit seeking an ownership interest in, and distributions from, the foreign business. Creating leverage by using substantive law, rules of procedure and business savvy, Mr. Malitz enabled his shareholder client to emerge from litigation free to pursue lucrative business interests.

Mr. Malitz reasons that cases like this could possibly be avoided by documenting business relationships instead of relying on oral agreements. He then goes on to provide valuable take-aways to prevent such litigation.

To read the article in full, click here.
 

Charles W. Pautsch

Jesse R. Dill

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson was quoted in a March 21 article in The Business Insider. The article, “9 Common Interview Questions That Are Actually Illegal,” discusses illegal questions asked during job interviews. Lori was cited as the sole expert and listed nine of the common illegal questions asked during an interview that are often mistaken as appropriate.

To read the article in full, please click here.

Excluded from coverage under the National Labor Relations Act are public-sector employees, agriculturaland domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway LaborAct, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).

Lori Adelson

Judge Jackson refused to delay the posting requirements pending an appeal of the decision, reasoning that the NLRB’s rule simply notifies employees of rights that they are already guaranteed under the NLRA, and that increasing employee awareness cannot be deemed “irreparable harm” to employers. The poster may be found at the NLRB website: https://www.nlrb.gov/poster.

Jesse Dill

On March 26, 2012, a new pilot program will go into effect for Wisconsin employers that will allow them to give potential new employees a training period before making a final hiring decision. The new law is also designed to help employees who are out of work to receive training for a new job. The program, known as Wisconsin Wins, received bipartisan support and was signed by Governor Scott Walker on March 12, 2012.

Under the new law, employers can apply with the Wisconsin Department of Workforce Development to offer “special occupational training” for an open position with the company. The application will require the employer to affirm that it has a job opening for each training participant it seeks. Individuals who receive unemployment insurance are eligible to participate. The Department of Workforce Development will place these individuals with an eligible employer. An individual who is placed with the employer may then undergo a period of training of 20 to 24 hours per week, which may last up to 6 weeks. The individual undergoing training will be considered an employee of the employer only for workers’ compensation purposes. Any employer who the Department of Workforce Development finds does not hire a reasonable percentage of qualified trainees may be prevented from receiving additional participant assignments.

Individuals who complete the training with an employer will receive a training certificate from the Department of Workforce Development. As an additional incentive to individuals receiving unemployment insurance, the Department of Workforce Development will pay a stipend of $75 per week for each week the claimant participates in special occupational training.

As a pilot program, the Department of Workforce Development will report to the Wisconsin legislature by May 30, 2103 on the effectiveness of Wisconsin Wins. Unless extended, the law is scheduled to sunset on July 1, 2013.

Arnstein & Lehr LLP attorneys are available to discuss any questions employers may have about participating in this program.

E. Jason Tremblay

Arnstein & Lehr Chicago Partner E. Jason Tremblay authored the article titled “How to get the most out of your final discussion with a departing employee,” which appeared in the March 5 edition of Inside Counsel.

In the article, Mr. Tremblay explains that exit interviews are generally the last opportunity the employer has to speak with the employee, so it serves as a great mechanism to discuss the reasons for the employee’s departure, as well as an opportunity to reinforce any expectations that the company may have regarding post-employment conduct of the employee. He offers 9 tips in handling an employee’s exit interview.

To read the article in full, please click here.

2012 Employment Law Toolkit for Illinois Employers

Arnstein & Lehr Chicago Partner Jason Tremblay’s recently published the 2012 edition of the handbook, Employment Law Toolkit for Illinois Employers, is now available. The handbook is a comprehensive resource highlighting the significant employment and labor issues facing Illinois employers. It provides practical and cost-effective advice on avoiding employment and labor-related liability and complying with state and federal laws facing employers.

To learn more about the 2012 Employment Law Toolkit for Illinois Employers and order your copy, please click here.

E. Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay was interviewed in the article “Face Recognition Technology Might Get Employers in Trouble,” which appeared online in Society for Human Resource Management’s technology section on February 27. In the article, Mr. Tremblay discusses the broad implications and uses of facial-recognition software in the workplace for the hiring process. He offers cautions for companies bent on using the technology for broader purposes.

To read the article in its entirety, please click here.

Charles W. Pautsch

Arnstein & Lehr Milwaukee Partner Charles W. Pautsch‘s article “Buying A US Business With A Labour Contract: Opportunities For The Wise And Traps For The Unwary” currently appears online at Financier Worldwide magazine’s website. His article addresses the challenges presented to a foreign or domestic purchaser who is considering buying an American business that has had a history of labor problems with its incumbent union. To read Mr. Pautsch’s article, please click here.

Financier Worldwide is a monthly publication providing financial insight and analysis to a unique audience of dealmakers responsible for structuring, negotiating and executing sophisticated business transactions. It targets senior corporate executives charged with financing and deal making strategies, senior members of in-house legal teams, corporate bankers and financiers, private equity and institutional investors and other legal and financial experts involved in M&A and corporate finance matters.

Jesse Dill

Charles Pautsch

On February 21, 2012, the Wisconsin Assembly completed the final legislative steps in eliminating the availability of compensatory and punitive damages for violations of the Wisconsin Fair Employment Act. The bill, passed last November by the Wisconsin Senate as Senate Bill 202, repeals a law from 2009 that created the availability of such damages for discrimination, unfair honesty testing, or unfair genetic testing claims. The Wisconsin Assembly concurred with Senate Bill 202 on party lines, moving the bill to the Governor’s desk for approval. Governor Scott Walker is expected to sign the bill into law.

The Wisconsin Fair Employment Act protects applicants and employees from discrimination on the basis of age, ancestry, arrest record, color, conviction record, creed, disability, genetic testing, honesty testing, marital status, military service, national origin, pregnancy or childbirth, race, sex, sexual orientation, and use or nonuse of lawful products off the employer’s premises during nonworking hours. When a complainant raises a claim of discrimination with the Wisconsin Department of Workforce Development based on one of these protected class statuses, that individual can receive back pay, reinstatement, costs, and attorneys’ fees as part of the administrative process remedy. Under current law, a complainant who is successful in alleging a violation of the Wisconsin Fair Employment Act through the administrative process may also then recover compensatory and punitive damages through an action brought in a Wisconsin circuit court. For an employer in Wisconsin with over 500 employees, these damages could be ordered up to $300,000. Senate Bill 202 eliminates these compensatory and punitive damages available through a circuit court action and limits a complainant’s recovery to the damages available through the administrative process.

Arnstein & Lehr LLP attorneys are available to discuss these changes to the law and other questions employers may have about the Wisconsin Fair Employment Act.

Arnstein & Lehr attorneys Charles Pautsch and Jesse Dill contributed to this post.