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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Employment Law

The Employment Law attorneys at McKenna Storer handle a broad range of matters for employers from representing them before various administrative agencies and courts to offering counseling and preventative services. Our attorneys regularly defend claims brought under state and federal human rights statutes such as Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA) and Illinois Wage Payment and Collection Act.


Employment Law Services


Sexual Harassment Is A Pervasive Problem:  Employers Need Policies, Training to Prevent and a Good Employer’s Liability Insurance Policy

Sexual Harassment Is A Pervasive Problem: Employers Need Policies, Training to Prevent and a Good Employer’s Liability Insurance Policy

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By now most of Illinois, if not beyond, is aware that yet another major celebrity (this time a famous Chicago radio host), has been accused of sexual harassment in court pleadings. It has been years since the Me Too movement began, and stories still arise about sexual harassment in the workplace. Still!

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Categories Employment Law General Litigation Legal Updates


James Cook Co- Authors Article: “Business Information and Illinois FOIA Requests”

James Cook Co- Authors Article: “Business Information and Illinois FOIA Requests”

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James Cook, an associate attorney with the Firm, has co- authored an article with his brother, William Cook, about the Freedom of Information Act. The article, “Business Information and Illinois FOIA Requests” is published in this month’s Illinois Bar Journal. The article gives a good overview of FOIA and the related issues facing businesses. McKenna is ready to help you with your FOIA questions.


Categories Business Law General Litigation Legal Updates McKenna News & Events Privacy and Data Security Litigation


Illinois Businesses Should Look At The Model ABA Rules For Guidance On Virtual Practice

Illinois Businesses Should Look At The Model ABA Rules For Guidance On Virtual Practice

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More than a year has passed since businesses moved to a virtual format in the wake of the Covid-19 global pandemic. Covid-19 is still circulating and new strains, including some more virulent strains, are still a concern for much of the world. We can no longer assume that the remote work place is merely a temporary convenience. While some businesses are in the process of returning their workers to the office, for many businesses, virtual offices is here to stay. All businesses, but especially small businesses, need to explore how to keep private client information confidential. Confidentiality is important not only for state and federal compliance laws, but also to serve client needs and expectations.


Categories COVID19 Employment Law General Litigation Legal Updates


Illinois State Legislature Casts a Dark Shadow Over All Litigants With New Bill Setting 9% Prejudgment Interest To Accrue From Notice Of Injury

Illinois State Legislature Casts a Dark Shadow Over All Litigants With New Bill Setting 9% Prejudgment Interest To Accrue From Notice Of Injury

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At the urging of the Plaintiffs’ bar, the Illinois State Legislature—at the last minute in a lame duck session, passed a draconian and unconstitutional new measure that will harm tort litigants for years to come if it is signed by the Governor and becomes law. Currently, prejudgment interest does not accrue on personal injury claims. The legislation—House Bill 3360, provides that prejudgment interest would accrue from notice of the injury, not the date of filing suit, and at a rate of 9%.


Categories General Litigation Legal Updates


Employers Can Avoid Penalties for Failing to Comply with Illinois’ Mandatory Sexual Harassment Prevention Training Law

Employers Can Avoid Penalties for Failing to Comply with Illinois’ Mandatory Sexual Harassment Prevention Training Law

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The Illinois Workplace Transparency Act required all employers to train employees on sexual harassment prevention by December 31, 2020, and requires training thereafter on an annual basis. If your company failed to do so, there is still time to comply to avoid penalties.


Categories Business Law Employment Law General Litigation Legal Updates


Mandatory Employee COVID-19 Vaccination Policies Receive Approval from the EEOC

Mandatory Employee COVID-19 Vaccination Policies Receive Approval from the EEOC

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Employers may be able to mandate that employees get a COVID-19 vaccination before returning to the workplace. The EEOC has updated its COVID-19 webpage to include a section regarding guidance on whether an employer-mandated vaccination policy would violate various federal laws. While the EEOC guidance does not directly state that mandatory vaccination policies are lawful, it addresses various other employee protection laws predicated on the notion that such a mandate is lawful. According to the EEOC, employers are required to provide a safe workplace in which “….an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”


Categories Business Law COVID19 Employment Law General Litigation Health Care Law Legal Updates


Illinois’ Mandatory Sexual Harassment Prevention Training- Reminder

Illinois’ Mandatory Sexual Harassment Prevention Training- Reminder

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Time is running out. The Illinois Workplace Transparency Act requires all employers to train employees on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter. This requirement applies to all employers with employees working in the State of Illinois. There is no Covid-19 pandemic response reprieve.


Categories Employment Law General Litigation Legal Updates


Municipal Authority and Liability During COVID-19 Pandemic

Municipal Authority and Liability During COVID-19 Pandemic

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The COVID-19 pandemic has impacted our world in a variety of ways we could have never imagined. Opinions on the danger of the virus and how to deal with it also vary greatly. Perhaps the primary issue in the United States, and other countries, is how to balance public health and safety against the economic strain of mandated business shutdowns or restrictions. While the health, safety, and welfare of their constituents remains the top priority of most elected officials, pressure from the business community to help ensure its survivability has intensified during the recent coronavirus resurgence.


Categories COVID19 General Litigation Legal Updates


Maintaining a Drug-Free Workplace after Illinois Legalized Marijuana

Maintaining a Drug-Free Workplace after Illinois Legalized Marijuana

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The Illinois Cannabis Regulation and Tax Act (“Cannabis Act”) legalized the use and possession of recreational cannabis for adults age 21 or older beginning January 1, 2020. The Cannabis Act allows Illinois residents at least 21 years old to possess up to 30 grams of marijuana flower and 5 grams of marijuana concentrate for personal use.


Categories Business Law Employment Law General Litigation Legal Updates


Deciphering Minimum Wage In Illinois Is Not An Easy Task

Deciphering Minimum Wage In Illinois Is Not An Easy Task

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By now, most Illinois employers know that the minimum wage in Illinois has gone up. Governor JB Pritzker signed legislation providing a path to an Illinois minimum wage of $15.00 by 2025.

As of July 1, 2020, Illinois’ minimum wage is $10 per hour but there are exceptions and nuances to the law and some jurisdiction have a higher minimum wage.


Categories Employment Law General Litigation Legal Updates


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