Before getting started on the blog entry of the week, I do want to recognize the passing of Dolly Parton. I grew up on her music. She will probably go down as one of the greatest songwriters of all time not to mention one of the greatest recording artists of all time, an actress (who can forget 9-5. For science-fiction fans, there was an incredible episode in the Orville where her songs were used as the basis for a feminist revolution on an alien planet), and a brilliant businesswoman as well. It has been fascinating to see over the last
Continue Reading This Case Illustrates Why You Always Need to Read the Footnotes
Must You Show Necessity in a Title II Failure to Accommodate Case? Answer: Maybe Maybe Not
This week’s blog entry deals with a published case from the 11th Circuit decided on August 5, 2026 raising interesting issues about when a Title II entity must provide reasonable modifications, in this case for a public school student. The case of the day is L.E. v. Superintendent of Cobb County School District, here. As usual, the blog entry is divided into categories, and they are: facts; why the four students have standing; why the lack of an individualized inquiry doesn’t end the analysis; why the court holds an accommodation must be necessary in order to be reasonable; and
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A Matter of Time: Johnson v. Amazon.com Services, LLC
Earlier this year, the Illinois Supreme Court issued an important decision for Illinois employers. In Johnson v. Amazon.com Services, LLC, 2026 IL 132016, the Court held that the preliminary and postliminary activities exclusion of the Portal-to-Portal Act (PPA) that is part of the Fair Labor Standards Act (FLSA) was not incorporated into the Illinois Minimum Wage Law (IMWL).
Legal Background
To understand Johnson, it’s important to understand the history of pertinent federal and state laws related to minimum wage and overtime pay.
In 1938, the FLSA established federal requirements for minimum wage and overtime payments.[1] Nearly 10 years later,
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Extroverted, Introverted, or in Between? How Lawyers Function Differently in Workplaces
Key points
- To thrive, legal teams need lawyers with a variety of personality types, but often don’t understand the differences between introverts, extroverts, and everyone in between.
- Personality differences are primarily related to how you manage your energy, not confidence.
- Many law school practices and legal workplaces are designed to support the preferences of extroverts.
- Becoming aware of colleagues’ personality types can create healthier and more effective workplaces that support individual strengths.
- Although personalities exist on a spectrum, lawyers can benefit from considering specific techniques when working with colleagues with different personality types.
Picture this: You are
Misunderstood Extrovert, Undervalued Introvert, or Exhausted Ambivert? What Personality Really Means in Legal Workplaces
Key points
- To thrive, legal teams need lawyers with a variety of personality types, but often don’t understand the differences between introverts, extroverts, and everyone in between.
- Personality differences are primarily related to how you manage your energy, not confidence.
- Many law school practices and legal workplaces are designed to support the preferences of extroverts.
- Becoming aware of colleagues’ personality types can create healthier and more effective workplaces that support individual strengths.
- Although personalities exist on a spectrum, lawyers can benefit from considering specific techniques when working with colleagues with different personality types.
Picture this: You are
Car Accident Statistics: National and Illinois Data
An estimated 36,640 people died in traffic crashes across the United States in 2025, and 39,254 died in 2024, according to the National Highway Traffic Safety Administration (NHTSA). In Illinois, roughly 1,196 people died in traffic crashes in 2024, including 217 pedestrians, according to the Illinois Department of Transportation’s 2024 Crash Facts. Below is what the most current federal and state data actually shows, where each number comes from, and what it means if you or someone you love becomes one of these statistics.
How Many People Die in Car Accidents Each Year?
Nationally, traffic deaths have been
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Design Patent Infringement Claim for Sink Caddy Survives Motion to Dismiss
Feng v. Kitsure-BJT, No. 25 CV 9209, Slip Op. (N.D. Ill. Mar. 26, 2026) (Shah, J.).Judge Shah denied Defendant Kitsure-BJT’s Fed. R. Civ. P 12(b)(6) motion to dismiss in this design patent infringement case involving sink caddy products sold on Amazon.Plaintiff Liu Feng, a Chinese limited company, owns U.S. Design Patent No. 1,038,566 for “[t]he ornamental design for a sink caddy,” registered August 6, 2024. Feng alleged that Kitsure-BJT’s competing sink caddy product infringes its patent. Kitsure moved to dismiss, arguing that the products were “plainly dissimilar” as a matter of law, primarily pointing to its product’s “bidirectional grid of
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Bullet Proofing Essential Functions of the Job
This week’s blog entry explores how an employer might go about bulletproofing just what are the essential functions of a job. The case for the week is In the Matter of Rachael Smelyansky v. New York State Office of Gen. Services, here, decided by the State of New York’s Appellate Division on June 11, 2026. As usual, the blog entry is divided into categories and they are: facts; why the defendant failed to establish the essential functions of petitioner’s job; why the defendant failed to establish an undue hardship; why petitioner’s retaliation claim should have survived summary judgment; and
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Qualified/Otherwise Qualified and Failure to Accommodate: Lots of Easy to Understand Thoughts Emanating from the Eighth Circuit
Before getting started on the blog entry of the week, I wanted to pass along that the Federal Bar Association has announced its award recipients for this year. I am quite honored to be the recipient of the Sarah T. Hughes Civil Rights Award (the history of that award can be found here). I pick up the award in September at the national convention in Richmond, Virginia. I also have to make a kind of a speech that I don’t typically make, which should be interesting. I do want to thank all the people along the way that have
Continue Reading Qualified/Otherwise Qualified and Failure to Accommodate: Lots of Easy to Understand Thoughts Emanating from the Eighth Circuit
When Late Is No Longer Better Than Never: Appellate Court Affirms Dismissal After 32-Month Delay in Serving Summonses
Illinois Supreme Court Rule 103(b) allows dismissal of a case with prejudice when a plaintiff fails to exercise reasonable diligence in obtaining service on a defendant after the statute of limitations has expired. There is no clear line, however, that determines exactly how much delay is too much.
The recent Hernandez case[1] provides an interesting example of when a delay in serving a defendant becomes simply too long.
The Case
In December 2019, Plaintiff filed a slip-and-fall lawsuit against her landlords based on a January 2018 incident. The court issued summonses for defendants on the same day.
Indiana Supreme Court Finds Broad COVID-19 Immunity and Federal Preemption Preclude Malpractice Claims
General Background
In March 2020, Indiana Governor Eric Holcomb issued an Executive Order, declaring the COVID-19 pandemic a public health emergency under Indiana Code § 10-14-3-12(a). Later that month, the Secretary of the United States Department of Health and Human Services (HHS) likewise declared a federal public health emergency. The HHS public health emergency, issued under the Public Health Service Act, was rescinded on May 11, 2023, although some liability protections remained under the Public Readiness and Emergency Preparedness Act (PREP Act).
These emergency declarations have prompted federal and state governments to address the issue of liability for patients injured
Continue Reading Indiana Supreme Court Finds Broad COVID-19 Immunity and Federal Preemption Preclude Malpractice Claims
ERISA Disability Claims: What Your Employer Won’t Tell You About Fighting Back
If you receive disability insurance through your employer, you might assume that filing a claim will be straightforward. After all, you’ve paid for coverage—either directly or through your employee benefits package—and you need those benefits because a medical condition is preventing you from working.
Unfortunately, many employees discover that obtaining disability benefits through an employer-sponsored plan is far more complicated than expected. They may even find their ERISA disability claim denied.
Most employer-sponsored disability plans are governed by the Employee Retirement Income Security Act of 1974 (ERISA), a federal law that establishes rules for employee benefit plans. While ERISA was intended to protect workers, it also creates
Continue Reading ERISA Disability Claims: What Your Employer Won’t Tell You About Fighting Back
Financial Poise Quotes Me in Article on Leaves of Absences
Leaves of Absence and Medical Issues: What Employers Need To Know Before Problems Escalate
May 14, 2026
By Michele Schechter
Employers today are navigating a workplace that looks very different from the one that existed even five years ago:
By Michele Schechter
Employers today are navigating a workplace that looks very different from the one that existed even five years ago:
- Medical leave requests are more common.
- Mental health issues are openly discussed in the workplace.
- Vaccination policies remain controversial.
At the same time, employers are trying to balance compassion with operational realities. Businesses still need people to show up, customers still expect service, and managers still have deadlines to meet. That tension is exactly why laws like the Family and Medical
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A Guide to Short-term Disability for Burnout
Intense workplace stress has been on the rise in the United States for years. According to a 2023 Gallup report, one quarter of workers express experiencing frequent work-related burnout. According to the CDC, the estimated rates of burnout are even higher among doctors, nurses, and other medical workers, with nearly half reporting frequent burnout.
Burnout can be the primary contributing factor to mental and physical health problems, many of which can significantly affect your job performance or even keep you from working for a period of time. Successfully claiming short-term disability benefits for burnout (or other mental health
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COVID is Finally Over…in Illinois Courts
It’s been six years since the pandemic shutdown the world, including many businesses in Chicago. But when it comes to the courts in the State of Illinois, COVID is officially over. Attorney Howard Ankin was quick to point out this fact that got overlooked by many on February 23, 2026. That was when the Illinois Supreme court ordered all judges who had remained remote since the pandemic back to the courtroom. It also said that all legal decisions by judges must be made in-person on the bench. Howard was quick to point out that Illinois Supreme Court Rule 45 does
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Spring Safety on the Roads
Depending on where you live, it might feel like early spring. Or winter. Or you might be experiencing flooding, or wind storms. In other words, the seasons are a lot less predictable than they used to be, to say the least.
But at some point, all of us are going to throw off the chains of winter, get outside more, and…probably face the risk of injury.
Why will injuries follow along with warmer weather? What can you do to minimize your risks? Read further and find out.
Bikes, Automobiles, Scooters
My reputation as the crabby older guy yelling “get off
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