Chuck Pautsch

Jesse R. Dill

Arnstein & Lehr Milwaukee Partner Chuck Pautsch and Associate Jesse R. Dill authored the article “Court cases are shaping social media law,” which appeared in the January 24 issue of BizTimes.com, which covers Milwaukee and southeastern Wisconsin business news. The article describes how companies can protect their social media accounts and online assets when employees leave employment.

To view the article in full, click here.

Lori Adelson

Arnstein & Lehr Fort Lauderdale Partner Lori Adelson was quoted in the January 26 issue of Forbes.com. The article titled “Workplace Snitching: If You See Something, Should You Say Something” discusses how one in five employees report they have been the victim of abusive retaliation for reporting bad behavior on the job. Ms. Adelson, who represents employers in retaliation suits, comments on how the tough economy may be making the situation worse, as Florida has experienced an unprecedented number of claims against employers and is one of the most depressed economies in the country.

To view the article in full, click here.

“The growth of this practice greatly strengthens our ability to serve clients with labor and employment needs throughout all of Arnstein & Lehr’s markets,” said Ray Werner, managing partner of Arnstein & Lehr, a Chicago-based law firm. “Building upon the success of our labor and employment practice, the Milwaukee office marks the latest milestone in the firm’s commitment to expansion in response to client needs.”

Pautsch will serve as managing partner of Arnstein & Lehr’s Milwaukee office but will also maintain a Chicago office to strengthen the employment services for the firm’s clients in Chicago. He is the former managing partner of Jackson Lewis’ Milwaukee office and brings more than 34 years of labor and employment experience to Arnstein & Lehr.

“We are excited to join such a storied law firm as Arnstein & Lehr,” said Pautsch, who is licensed to practice in both Wisconsin and Illinois. “I believe our depth and breadth of knowledge will certainly be an asset to the firm’s clients and reinforce the firm’s already strong practice in this area.”

Arnstein & Lehr’s Milwaukee office will be located in the Renaissance on Water building, in Milwaukee’s Historic Third Ward, in the city’s arts and fashion district, at 309 North Water Street, Suite 210.

The firm has developed a strong working relationship with the Milwaukee firm of Hodan, Doster & Ganzer SC and will continue its of counsel relationship with the Ganzer firm.

About the attorneys:

Charles W. Pautsch has concentrated his practice in labor and employment law for more than 34 years. His extensive experience includes litigating cases in federal and state courts and various federal and state administrative agencies, most particularly the National Labor Relations Board, Occupational Safety & Health Administration, the U.S. Department of Labor, the Human Rights Commission and Wisconsin’s Department of Workforce Development. He has served as lead counsel in more than 150 cases in federal courts alone, representing business clients in 20 federal districts in 13 states. Pautsch successfully handled Rule 23 class actions under Title VII, the Employee Retirement Income Security Act (ERISA) and the Americans with Disabilities Act (ADA) and collective class actions under the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA). He is a graduate of North Central College and received his J.D., magna cum laude, from the University of Illinois at Urbana-Champaign.

Lisa A. Baiocchi concentrates her practice on labor and employment litigation in both state and federal court, and she represents clients in matters before administrative agencies. She received her J.D. from Marquette Law School, where she served as president of the Labor and Employment Law Society. Baiocchi is the founder and was president of the Student Animal Legal Defense Fund at Marquette. She received her undergraduate degree from the University of Wisconsin-Milwaukee.

Jesse R. Dill represents management in a variety of labor and employment law matters before state and federal courts. While in law school, he worked as a law clerk in the litigation department of Emerson Electric Company and as a legal intern for the Honorable Lynn Adelman of the Eastern District of Wisconsin. He was published by the Marquette Intellectual Property Law Review, where he also served as comments editor. Dill is a graduate of the University of Wisconsin-Madison and Marquette University Law School.

Mark A. Spognardi

Chicago Partner Mark A. Spognardi spoke at the ICPAS event, “Employment Issues,” on Tuesday, December 13. During his presentation, “Minimizing Risks and Liabilities in Layoffs and Reductions in Force,” Mr. Spognardi discussed various employment labor issues and how they affect businesses today. He also covered the American Recovery & Reinvestment Tax Act, issues that exist with terminating high-level executives and potential employment laws that are currently in the works.

E. Jason Tremblay

Chicago Partner E. Jason Tremblay was interviewed and quoted in a December 8 online article in Human Resources Executive titled “When HR Sues.” The article discusses litigation by HR professionals and the problems companies face when HR is involved in litigation. In the article, Mr. Tremblay offers several tips for staying out of court when it comes to HR professionals or any other employee.

To view the article in full, please click here.

E. Jason Tremblay

E. Jason Tremblay

Mark A. Spognardi

Chicago Partner Mark A. Spognardi was recently elected 2012 program director of the North American Transportation Employee Relations Association, a national association established to provide a forum for the creation, exchange and dissemination of ideas and information concerning human resources and labor relations matters, issues, regulations, legislation and current laws.

Mark A. Spognardi

Arnstein & Lehr Partner Mark Spognardi recently wrote the article, “Employers’ Summer of Disconnect: Obama Labor Board pushes anti-employer agenda,” which appeared in the September 20 issue of the Westlaw Journal. In the article Mr. Spognardi discusses how the National Labor Relations Board (NLRB) has had a busy summer proposing and implementing rules and issuing decisions designed to promote the unionization of America’s workforce.

In the article, Mr. Spognardi states that the board has issued a final regulatory rule requiring employers to notify employees of their rights under the National Labor Relations Act. He comments that the Obama NLRB has been “delivering victories to organized labor at a time when the public sentiment toward unions has become, at best, distrustful and at worst, disdainful.”

To read further about the NLRB’s recent rules, proposals and decisions please click here.

Jason E. Tremblay

Chicago Partner Jason E. Tremblay recently obtained the reversal of several Wage Payment Demands issued by the Illinois Department of Labor (“IDOL”) on behalf of a client. The client was an assignee for the benefit of the creditors of an Illinois company that was financially distressed. Instead of filing a bankruptcy, the company elected to conduct an assignment for the benefit of creditors. In that regard, the assignee continued to wind down the operations of the business in order to liquidate assets and to pay off creditors of the company. Thereafter, several former employees of the company who were allegedly not paid wages filed wage claims before the IDOL. The IDOL Administrative Law Judge held that, in light of the fact that the business was still operating (albeit in the limited role of just liquidating assets to pay off secured creditors), the assignee was still an “employer” under the Illinois Wage Payment and Collection Act and therefore subject to liability.

On appeal, Mr. Tremblay argued, among other things, that the assignee could not be a “employer” under the Act because it only controlled the assets of the debtor and had no other duties or obligations (contractual, statutory or otherwise). Therefore, he asserted that an assignee in this circumstance does not fall under the purview of the Illinois Wage Payment and Collection Act. On appeal, the Chief Administrative Law Judge at the IDOL agreed with Jason’s argument and dismissed the assignee-client from the underlying Wage Claims.

This result is significant since, a finding to the contrary, would likely expose all assignees in Illinois to potential liability under the Illinois Wage Payment and Collection Act solely by virtue of a fact that they agree to assume the position of an assignee of a distressed company. Such a ruling would grossly expand the potential liability under the Illinois Wage Payment and Collection Act, and would likely curtail companies and individuals from becoming assignees to financially distressed companies.