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Chapter 1 — Introduction
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Chapter 2 — Practical and Legal Considerations Prior to Conducting the Audit
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Chapter 3 — Hiring Process and Related Issues
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Chapter 4 — Affirmative Action and Drug-Free Workplaces: Federal Government Contractor Considerations
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Chapter 5 — Employment Agreements
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Chapter 6 — Employee Handbooks
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Chapter 7 — Antidiscrimination and Antiarassment Policies and Training
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Chapter 8 — Personnel Records and Posting of Notices
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Chapter 9 — Wage and Hour Issues and Child Labor Laws
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Chapter 10 — Discipline and Termination Issues
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Chapter 11 — Reductions in Force
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Chapter 12 — Compliance with the NLRA
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Chapter 13 — Independent Contractors and Other Nonemployees
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Chapter 14 — The Audit Report and Follow-Up
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Chapter 15 — Appendix
- List of Forms
- Table of Cases
- Index
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Nineveh Alkhas
Nineveh Alkhas
No bio available.
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Julie Badel
Julie Badel
No bio available.
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James S. Barber
James S. Barber
No bio available.
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Robert T. Bernstein
Robert T. Bernstein
No bio available.
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Tracy M. Billows
Tracy M. Billows
Tracy M. Billows is a Partner with Seyfarth Shaw LLP, in Chicago, where she concentrates her practice in representing and counseling employers in a variety of areas of labor and employment law. Ms. Billows is a member of the American and Chicago Bar Associations, the Society for Human Resource Management, and the Human Resource Management Association of Chicago as well as the Chair of the Chicago Downtown Regional Leadership Board of Directors of the American Cancer Society. She received her B.A. from DePaul University, her M.S. from Loyola University, and her J.D. with honors from Chicago-Kent College of Law.
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Daniel R. Bryer
Daniel R. Bryer
Daniel R. Bryer is in-house counsel for Allstate Insurance Company in Northbrook. Mr. Bryer has been selected as a Super Lawyers Rising Star (2014 – 2018). He received his B.A. from Indiana University – Bloomington, his LL.M. from Loyola University Chicago, and his J.D. from The John Marshall Law School.
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Paul Burmeister
Paul Burmeister
Paul Burmeister is an attorney at Davis & Campbell L.L.C., in Chicago and Peoria, where concentrates in labor and employment law. He is a member of the National Association of College and University Attorneys and the Illinois State Bar Association. Mr. Burmeister received his B.A. and M.A. from the University of Illinois at Urbana-Champaign and his J.D. from Loyola University Chicago School of Law.
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Sarah Wilhite Cudahy
Sarah Wilhite Cudahy
No bio available.
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Frank J. Del Barto
Frank J. Del Barto
No bio available.
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Joshua L. Ditelberg
Joshua L. Ditelberg
Joshua L. Ditelberg is a Partner in Seyfarth Shaw LLP, in Chicago, where he concentrates in a broad-based labor and employment practice. His practice includes a particular focus on labor relations and the employment-related aspects of corporate transactions and business restructuring. Mr. Ditelberg is Co-Chair of the firm’s Workplace Restructuring and Transactions Group. The Group is devoted to managing labor and employment issues arising from corporate mergers, acquisitions, and divestitures; subcontracting and outsourcing; workforce reductions; facility closings, relocations, and consolidations; corporate reorganizations; bankruptcy; and employee stock ownership plans (ESOPs). The Group’s goal is to achieve clients’ business objectives by minimizing legal risk and creating significant economic value. He is President of the Chicago Chapter of the Labor and Employment Relations Association, a Fellow of the College of Labor and Employment Lawyers, and a Fellow of the American Bar Foundation. He also is an Adjunct Professor of Law at The John Marshall Law School. Mr. Ditelberg received his B.A. summa cum laude from the University of Pennsylvania, his M.A. with honors from the University of Pennsylvania, and his J.D. magna cum laude from the University of Michigan Law School, Order of the Coif.
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Michelle K. Garcia
Michelle K. Garcia
No bio available.
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James G. Gillingham
James G. Gillingham
No bio available.
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Julie L. Gottshall
Julie L. Gottshall
No bio available.
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Jane S. Hahn
Jane S. Hahn
No bio available.
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Michael F. Hughes
Michael F. Hughes
Michael F. Hughes is a Partner in Labor and Employment Practice Group at SmithAmundsen LLC, in St. Charles. Mr. Hughes’ practice is dedicated to counseling employers with respect to employment matters and labor relations, including compliance with federal and state statutes and regulations regarding Title VII, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act of 1938, and the National Labor Relations Act. Mr. Hughes is an experienced litigator and his practice includes litigation of cases involving noncompetition and other restrictive covenants, breach of fiduciary duty, and trade secret misappropriation. He also has a traditional labor relations practice, representing employers in union representation matters, collective bargaining negotiations, grievance arbitrations, and unfair labor practice proceedings before the National Labor Relations Board. He is a contributing author on SmithAmundsen’s The Labor & Employment Law Update blog and has authored numerous articles and has given presentations on a myriad of labor and employment law issues. Mr. Hughes earned his B.S from the Illinois Institute of Technology and J.D. with high honors from IIT/Chicago-Kent College of Law.
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Kaitlyn N. Jakubowski
Kaitlyn N. Jakubowski
Kaitlyn N. Jakubowski is an associate in the Chicago office of Barnes & Thornburg LLP and a member of the firm’s Healthcare Department, Labor & Employment Law Department, and BT VentureTech Group. She is an Advisory Board Member of the Children’s Hospital of the University of Illinois and a Leadership Advisory Board Member of Cristo Rey Jesuit High School. Ms. Jakubowski earned her B.A. from Northwestern University and her J.D. from the University of Notre Dame Law School, where she received the BNA and ABA Award for Excellence in the Study of Labor and Employment Law and served as Executive Articles Editor for the Journal of Legislation.
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Matthew P. Kellam
Matthew P. Kellam
No bio available.
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David E. Krchak
David E. Krchak
David E. Krchak is a Partner in the Champaign firm of Thomas, Mamer & Haughey LLP, where he concentrates in all aspects of management-side employment and labor law for public and private employers, including litigation. Mr. Krchak is a member of the ISBA Labor and Employment Law Section Council (1993 – 2000, 2013 – present) and was its Chair from 1998 – 1999. He has been selected a Leading Lawyer (2011 – present) and is a University of Illinois College of Law Moot Court Advisor (1990 – present). Mr. Krchak is a member of the Defense Research Institute and the Illinois State Bar Association. He received his B.A. with high honors from the University of Illinois and his J.D. from the University of Illinois College of Law.
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John F. Kuenstler
John F. Kuenstler
John F. Kuenstler is a Partner in Barnes & Thornburg LLP, in Chicago, where he concentrates his practice in the defense of employers in labor and employment litigation and litigation avoidance counseling. He appears before federal and state courts and agencies across the nation, defending his clients against claims of employment discrimination. Mr. Kuenstler has experience litigating and managing class actions and other complex litigation as well as obtaining favorable resolutions of high-profile litigation. He has obtained numerous summary judgment rulings for his clients on claims for alleged sexual harassment and age, race, and disability discrimination. Mr. Kuenstler also conducts management training seminars on issues of discrimination, harassment, and retaliation. Mr. Kuenstler received his B.A. from the University of Illinois and his J.D. from Washington University in St. Louis School of Law.
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Michael R. Lied
Michael R. Lied
Michael R. Lied is an attorney with Howard & Howard Attorneys PLLC, in Peoria, and focuses his practice on labor and employment law and immigration law. Mr. Lied is a member of the State Bar of Michigan, the American Immigration Lawyers Association, and the Federal Bar Association. He is also a member of the American Bar Association (Litigation and Labor and Employment Law) and is former Cochair of the Trial Evidence Committee (2017 – 2018). He received his B.S. and M.A. from the University of Illinois and his J.D. from the University of Michigan Law School.
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Noah G. Lipschultz
Noah G. Lipschultz
No bio available.
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Richard P. McArdle
Richard P. McArdle
Richard P. McArdle is a Partner in Seyfarth Shaw LLP’s Labor and Employment Practice Group, in Chicago, where he represents employers in the entire range of employment law matters. Mr. McArdle’s primary focus is defending employers against class action and multi-plaintiff employment discrimination and wage and hour litigation. He represents employers in both federal and state trial and appellate courts and before federal and state government agencies such as the EEOC and U.S. Department of Labor. In addition to litigation defense, Mr. McArdle’s practice consists of counseling and management training on issues that range from defensive strategies concerning terminations/discipline and medical leaves of absence to wage and hour compliance. Mr. McArdle received his B.B.A. cum laude from Cleveland State University, M.B.A. from Case Western Reserve University, and J.D. from Case Western Reserve University School of Law.
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Marco A. Moreno
Marco A. Moreno
Marco A. Moreno is a Partner at Moreno & Villarrubia, in Indianapolis, Indiana, where he concentrates his practice in immigration law. Mr. Moreno is Cochair of the Latino Advisory Council for the Office of Congressman Andre Carson, a founding member and board member of the Indiana Latino Expo, and a founding member and Past Chair of the Latino Affairs Committee of the Indiana State Bar Association. He was named a Forty Under 40 award recipient by the Indianapolis Business Journal (2011), is an Advisor to the Mexican Consulate in Indianapolis (2005 – present), and has been name a Rising Star in Immigration from the Indiana Super Lawyers. Mr. Moreno is Vice Chair of the International Law Section of the Indiana State Bar Association, is the Consumer Protection Chair and LGBT member of the American Immigration Lawyers Association, is a member of the Diversity Subcommittee of the Indiana State Bar Association, and is a member of the Diversity Outreach Program of the Indianapolis Bar Association. He received his B.A. from Trine University (While at Trine, he was a judicial clerk for the LaGrange Superior Court for the Honorable George E. Brown.) and his J.D. from Indiana University School of Law.
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Jill P. O'Brien
Jill P. O'Brien
No bio available.
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Jeffrey A. Risch
Jeffrey A. Risch
Jeffrey A. Risch is a Partner at SmithAmundsen LLC, in Chicago, where he focuses his practice of management-side labor and employment issues. Mr. Risch is the Chair of the Illinois Chamber of Commerce’s Employment Law Council and Employment Law & Litigation Committee, and Chief Labor Counsel of the Associated Builders and Contractors of Illinois. He was chosen as a Best Lawyer in employment law (2015), an Illinois Super Lawyer in labor and employment law (2012 – 2015), and a top Forty under 40 (2010). Mr. Risch is board member of the Associated Builders and Contractors of Illinois and the Illinois Chamber of Commerce, and on the Labor & Employment Committee of the Kane County Bar Association. He received his J.D. with highest honors from the University of Tulsa.
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Jeffrey L. Rudd
Jeffrey L. Rudd
No bio available.
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Morgan M. Ruey
Morgan M. Ruey
No bio available.
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Jill Russell
Jill Russell
No bio available.
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Nancy E. Sasamoto
Nancy E. Sasamoto
Nancy E. Sasamoto is a Principal at Masuda, Funai, Eifert & Mitchell, Ltd., in Chicago, where she concentrates in employment law. Ms. Sasamoto was chosen as an Illinois Super Lawyer (2005 – 2011) and is a board member of the Asian American Bar Association of the Greater Chicago Area Law Foundation. She is also a member of the American and Illinois State Bar Associations. Mr. Sasamoto received her B.S. from the University of Illinois and her J.D. from Washington University School of Law.
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Samuel J. Schumer
Samuel J. Schumer
No bio available.
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Mark J. Sobczak
Mark J. Sobczak
Mark J. Sobczak is an associate in the Chicago office of Clausen Miller P.C. and concentrates his practice in appellate and postjudgment litigation in state and federal courts nationwide, including employment disputes. Mr. Sobczak is also experienced in representing employers in proceedings before the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, and the Cook County Commission on Human Rights. He received his B.S. from Illinois State University and his J.D. magna cum laude from Northern Illinois University College of Law where he was a law review editor and a member of Northern’s National Moot Court Team. During law school, Mr. Sobczak externed for the Honorable Susan Fayette Hutchinson of the Illinois Appellate Court, Second District.
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Norma W. Zeitler
Norma W. Zeitler
Norma W. Zeitler is a Partner in Barnes & Thornburg LLP’s Chicago office and a member of the firm’s Labor and Employment Law Department. She has extensive experience in litigating all forms of disputes that arise out of the employment relationship and advising clients on all aspects of litigation avoidance. As a former Army intelligence officer, Ms. Zeitler uses the skills she learned in the military to assess (and overcome) vulnerabilities in the defense of cases. In fact, in her many years of litigation, of the cases she has managed, summary judgment has been denied only once. She is the Commissioner of the Western Springs Park District and has been named an Illinois Super Lawyer. While in the Army, Ms. Zeitler received the Southwest Asia Service Medal, the Meritorious Service Medal, the Joint Service Commendation Medal, and the Army Commendation Medal. Ms. Zeitler received her M.S. in Strategic Intelligence from the Defense Intelligence College and her J.D. cum laude from Loyola University School of Law, where she was Editor-in-Chief of the law review.
Conducting the Employment Practices Audit (ARCHIVED 2010 EDITION & 2013 SUPPLEMENT)
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