According to the Equal Employment Opportunity Commission (EEOC) workplace sexual harassment continues to be a major issue in the United States. Although significant strides have been made in the prevention and elimination of sexual harassment in the workplace, there is still far to go. Workplace sexual harassment can be found in just about every industry, and the medical field is no exception. And while accusations of workplace sexual harassment can wreak havoc in any employer’s life, when a physician is accused of inappropriate behavior, it can also mean the loss of their medical license.
Workplace Sexual Harassment Continues to
Continue Reading Defending Your Illinois Medical License Against Charges of Sexual Harassment

How do you react when someone mentions the Socratic method? Are you immediately transported back to law school, cowering at your desk in hopes you aren’t the professor’s next victim? Or do you miss the lively and challenging debate the method facilitated?

Whether it’s law school, CLE, or generic education settings, the term “Socratic method” is thrown around as a catch-all for any learning event where an expert is delivering content, primarily in a lecture format.

We’ve all heard of it, but what is the Socratic method, really? And why is it the go-to format for educating lawyers?

Before we
Continue Reading Are We Using the Socratic Method the Right Way?

Contributed by Suzannah Wilson Overholt, December 1, 2021

gavel and scales of justice

On Tuesday, November 30, Louisiana federal district Judge Doughty issued a nationwide injunction against implementation of Centers for Medicare & Medicaid Services’ (CMS) vaccine mandate for health care workers. Judge Doughty’s decision was issued just a day after Missouri federal district Judge Schelp issued a preliminary injunction against the mandate in 10 states. Unlike the Missouri decision, the Louisiana court issued a nationwide injunction due to that court’s conclusion that there was a need for uniformity and protection of unvaccinated healthcare workers. In reaching its decision,
Continue Reading CMS Vaccine Mandate Enjoined Nationwide

Some cases just cannot be resolved by the parties alone without the help of an impartial third party.  That might mean filing a lawsuit and letting a judge or jury make the ultimate decision.  It may also mean that an arbitration, mediation, or other form of Alternative Dispute Resolution (ADR) is utilized to get the parties to yes.
In the case of my client N, it took all the methods and systems mentioned above to get the first portion of her personal injury case resolved.
Get Your Head in the Game
I often like to say that my job depends
Continue Reading Tell It to the Judge!

Synopsis: Covid-19 and Its Late-Comer Mutants Are Staying for Now—What is Happening in IL Work Comp/OccDisease. Editor’s comment: Decisions from IL WC arbitrators indicate the “presumption” of coverage for Covid-19 exposure/illness should be rebuttable, if done so carefully. Early results indicate Illinois employers and insurers might be able to rebut the presumption making COVID-19 or its new mutations compensable by providing  

  • Evidence of employer efforts to mitigate the spread of the disease in the workplace;
  • A contact history of other folks to whom the worker might have been exposed in the workplace;
  • Documentation of the worker working from home or

Continue Reading 11-29-2021; Covid-19 and Its Late-comer Mutants Are Staying for Now—What is Happening in IL Work Comp/OccDisease; Understanding IL WC Status calls and more

Online shopping and delivery were already increasing in popularity long before the COVID-19 pandemic. The need to stay indoors and buy items through the internet only accelerated this trend. If you work for Amazon, you know just how popular online shopping has become – especially during the holiday season. This means increased demand and increased workloads for Amazon employees.
Unfortunately, Amazon workers are injured at a rate much higher than that of similar companies. If you or a loved one were injured while working for Amazon, you may be entitled to financial compensation through workers’ compensation.

Workers’ Comp
Continue Reading Legal Options If You Were Hurt Working at Amazon

Whether due to COVID-19 shutdowns or another reason, many people are finding themselves out of work. Unemployment can make it difficult for parents to cover child-related costs, including child support payments. However, a child’s financial needs do not change simply because a parent loses his or her job. Consequently, unemployment can create a challenging situation for both parents.

If you are a payer or recipient of child support in Illinois, you may have questions about how unemployment affects your child support obligation. You may wonder if you or the other parent are still required to pay if you have zero
Continue Reading Does an Unemployed Parent Still Have to Pay Child Support? 

Want to improve attorney well-being? Start by capping billable hours at 1,800, making sure lawyers take all of their vacation time, and standardizing virtual hearings.

These recommendations, in addition to requiring that law students study well-being, were a few of the changes proposed by the New York State Bar Association’s Task Force on Attorney Well-Being and approved by the House of Delegates on Oct. 30.

The recommendations stem from an October 2020 survey of 3,089 New York attorneys that explored how well-being impacts lawyers.

“We owe it to the next generation of lawyers, to our clients, to the justice system,
Continue Reading To Improve Well-Being, NYSBA Recommends Capping Billable Hours at 1,800

The public wants remote hearings to continue when COVID-19 subsides, according to the National Center for State Courts’ (NCSC) “State of the State Courts” survey.

And, while respondents said public trust in the courts and other institutions is waning, they indicated that courts could build trust by expanding online resources and remote options, which can help address core inequities in the justice system.

The annual survey of public opinion polled 1,000 registered voters using a mixture of telephone interviews and online surveys between October 12-16, 2021.

“We have been measuring public attitudes toward state courts for the NCSC
Continue Reading NCSC Survey Finds Public Wants Remote Court Hearings to Continue Post-Pandemic

Did you know that experts consider divorce to be one of the most stressful life events a person can experience? Getting divorced can take a major toll on your mental health. It can be even harder to cope with a divorce or separation during the holidays. If you are in the midst of a divorce, consider the following tips for reducing your stress.
Accept Your Feelings and Do Not Bottle Emotions
Experts liken getting divorced to losing a loved one. Many divorcing spouses go through the same stages of grief that someone mourning a death would go through. You may
Continue Reading Getting Divorced During the Holidays? Consider These Tips.

Contributed by guest author Matthew Horn, November 18, 2021

In September, the Biden Administration directed OSHA to issue an Emergency Temporary Standard (“ETS”) requiring employers with one hundred or more employees to ensure their employees are either fully vaccinated or tested for COVID-19 on a weekly basis.  That promised ETS was published on November 5, 2021, and linked here are OSHA’s summary of the ETS and the FAQ’s relating to the ETS.   

One week later, on November 12, 2021, the 5th Circuit Court of Appeals issuing a scathing opinion staying the enforcement of the ETS.  In the
Continue Reading OSHA Suspends Emergency COVID-19 Vaccination and Testing Standard

Thanks to Sheldon Alderton, a LinkedIn contact & group member of Charles Krugel’s Labor & Employment Law & Human Resources Practices Group (3,900-plus members). As a followup to the recent Construction Dive article quoting me, Sheldon recently asked me questions about the viability of labor unions going forward. I’ve decided to turn Sheldon’s questions & my answers into a blog & LI post. Below are his questions & my answers.
Sheldon Alderton 
Hey Charles, I was super intrigued by the Construction Dive article you were featured in about labour shortages and union labour power. I worked on the
Continue Reading Q & A About Labor Unions in 2021

The holiday season is just around the corner promising a wave of excitement for the new year and a packed schedule with family and friends. While the holidays may be a chance to sit back and relax for some, they can be overwhelming for families working through the processes of divorce and parenting agreements.
As that time of year inches closer, Kogut & Wilson attorneys are dedicated to helping families navigate the complex decisions it can elicit. Here are a few important considerations when determining parenting time throughout the holiday season.
Communicate in Advance
While going through a divorce, one
Continue Reading Sharing is Caring: Determining Parenting Time During the Holidays

by Weston T. Stoddard
On November 1, 2021, the United States District Court for the District of Puerto Rico denied Plaintiffs’ request for a preliminary injunction to block an Executive Order requiring COVID-19 vaccination and dismissed the case. Rodriguez-Velez v. Pierluisi-Urrutia, No. 21-CV-1366 PAD, 2021 WL 5072017, at *1 (D.P.R. Nov. 1, 2021).  (A copy of the District Court’s opinion is available here.)
Case Background
On July 28, 2021, Puerto Rican Governor Pedro Pierluisi-Urrutia issued Executive Order 21-058, requiring public employees of the Executive Branch that work in person to be fully vaccinated by September 30, 2021. Id.
Continue Reading District Court of Puerto Rico Denies Preliminary Injunction and Dismisses Case Seeking to Halt Vaccine Mandate for Executive Branch Employees

Since President Biden’s September announcement that employers with 100 or more employees must require vaccination or weekly testing of their employees, observers have waited anxiously for details from the Occupational Safety and Health Administration. The new Emergency Temporary Standard (ETS), published by OSHA in the Federal Register on November 5, 2021, contains three main components: full vaccination, or weekly testing of employees who are not “fully vaccinated” (with attendant recordkeeping requirements), and a face covering requirement. These components are discussed in detail below. As employers and practitioners begin to navigate the ETS requirements, they should keep in mind these important
Continue Reading OSHA Reacts to COVID-19 Pandemic and Issues Vaccine-or-Testing Mandate: What Employers Need to Know

by Julieta A. Kosiba

On November 4, 2021, in a consolidated appeal, the U.S. Court of Appeals for the Second Circuit upheld New York Department of Health’s rule requiring healthcare facilities to ensure that certain employees are vaccinated against COVID-19. We the Patriots USA, Inc. v. Hochul, Nos. 21-2179 and 21-2566, 2021 WL 5121983, *1-2 (2nd Cir. Nov. 4, 2021). (The appellate opinion can be accessed here.)

In upholding the mandate, the Second Circuit reversed the U.S. District Court for the Northern District of New York and affirmed the U.S. District Court for the Eastern District of New
Continue Reading Second Circuit Upholds Vaccine Mandate for New York’s Healthcare Workers