Employment & Labor

I hope everyone is enjoying the start of baseball season. The NCAA’s women tournament is about to get very interesting now that they are in a situation where the likelihood, though you never know for sure, is that the top seeds from each region will be in the final four. On the men’s side the UConn v, Duke game will likely go down in history as one of the all-time great sports moments. Turning to the blog entry of the week, it is a published decision from the First Circuit, Walsh v. HNTB Corporation, decided on March 13, 2026, here,
Continue Reading Looking for Clues: Is a Failure to Accommodate an Adverse Action Post Muldrow?

The Chicago Bar Association Committee Meeting Notice
Please join the Solo/Small Firm Practitioners Committee for the following meeting:
Date/Time: April 7, 2026, from 12:15pm-1:30pm
Topic: The Power of AI in Business — A Practical Roadmap for Solo & Small Firm Attorneys
Description: AI is no longer a future consideration — it’s a present competitive advantage. In this session, Rick Hayhurst, Founder of Ruthy AI, delivers a practical, no-hype roadmap for solo and small firm attorneys who want to leverage AI to capture more leads, respond faster, operate more efficiently, and grow revenue without adding headcount. Drawing on real-world case studies from firms like
Continue Reading 4/7/26 Chicago Bar Association Solo/Small Firm Practitioners Committee Meeting

With AI transforming everyday HR operations comes major opportunities and significant risks for employers.  As these tools become more embedded in workplace decision‑making, they also raise serious concerns about fairness, accountability, and legal exposure. Understanding how AI works and where it can go wrong is now essential for any employer using or considering these technologies.
Our recent webcast explored these developments and offered practical guidance for employers implementing or considering AI solutions. Below are several high‑level takeaways.
Continue Reading Navigating the Risks of Artificial Intelligence in the Workplace: Key
Takeaways for Employers

Before getting started on the blog entry for the week, if anybody is interested in the journey I took to get to my law and consulting practices, I discussed that journey in this article.

This week’s blog entry is an update on a case that we previously blogged on here, Payan v, Los Angeles Community College District. Since that blog entry, it was sent back down to the trial court where a trial occurred and was then subsequently appealed back to the Ninth Circuit after that with the Ninth Circuit issuing a published decision on March 11,
Continue Reading Lost Opportunity as a Substitute for Emotional Distress Damages in Title II Cases

Among a company’s most valuable assets is its intellectual property (IP). Though often intangible, IP—innovations, concepts, designs, processes, and more—offers companies a competitive edge in the marketplace. Protecting these assets is essential for safeguarding revenue, accelerating growth, and preventing competitors from gaining an unfair advantage—and your employees can be an inside threat.
Continue Reading Managing IP Risks Through the Employment Lifecycle

Synopsis: Shocking IL WC Claims Where Our IL Courts Don’t Treat Them as WC Claims!!Editor’s Comment: As we reported last October 2025, in Rivas V. Benny’s Prime Chophouse LLC, Claimant was at work, ate food from his employer and sadly passed away at work. Turns out he was very allergic to sea food. You may note his widow probably didn’t get a dime in IL WC death benefits because to accept such benefits would change the course of the litigation that almost certainly was driven by the widow’s counsel into the common law courts.Please also note Decedent passed in 2010. While the widow
Continue Reading March 2026; Happy St. Patrick's Day to All; Some IL WC Claims Are Now Being Treated as Common Law or even Criminal Law Claims; Tim O'Gorman on a Interesting Fall-Down Claim and more

Many employers hesitate to discipline or terminate for misconduct if the employee has recently engaged in protected activity, such as requesting FMLA, seeking an accommodation, or filing a complaint. Suspicious timing can easily lead to a retaliation claim, so the concern is understandable. But hesitation has costs too for an organization—no accountability for the misconduct, past practice is now undermined, and the employee is emboldened to commit more policy violations.
Continue Reading Seventh Circuit: Termination Following Same-Day FMLA Request Was Not
Retaliation

Thanks to Kerry Heaps for interviewing me on her 3/5/26 podcast Chromatic Counsel. It’s 30 minutes long and on YouTube here.
We discussed labor and employment law and HR, including what leaders and employers often misunderstand about workplace behavior. We also discussed:
  • preventive HR strategies that reduce risk before disputes happen;
  • leadership mistakes that quietly create legal exposure;
  • the role of body language and nonverbal cues in negotiations and investigations; 
  • public relations and the law; and
  • clothing and colors.

The post See My 3/5/26 Video Podcast Interview With Kerry Heaps on Chromatic Counsel appeared first on Charles A. Krugel
Continue Reading See My 3/5/26 Video Podcast Interview With Kerry Heaps on Chromatic Counsel

I had a moment while my daughter, who is in for spring break, is out doing something with my wife. Writing blog entries is the most favorite part of my practice. So, I figure I would write a blog entry. This blog is pretty short. I will say that there will not be a blog entry, outside of this one, for the week of March 16. The next blog entry after this one will be the week of March 23.

Turning to the blog entry for the week, the Georgia House passed HB 1470 and it is now in
Continue Reading Under What Circumstances May a State Chill Federally Protected Statutory Rights

How Smart Employment Policies Protect Your Business
March 11, 2026
By Jane Furigay Shapiro
Businesses spend an enormous amount of time dealing with employment problems after they occur. Yet many of those issues can be avoided, or at least minimized, through thoughtful policies, procedures, and proactive management.
Clear employment policies help employers set expectations, maintain compliance with evolving employment laws, and create a more predictable workplace.
As Charles Krugel of the Law Offices of Charles Krugel points out, strong policies and procedures are fundamentally about risk management; they help organizations avoid disputes before they escalate into costly legal problems.
But
Continue Reading I’m Cited In: How Smart Employment Policies Protect Your Business

A federal appeals court has invalidated a National Labor Relations Board (NLRB) standard that eased a union’s path to recognition. On March 6, 2026, the Sixth Circuit U.S. Court of Appeals ruled that the NLRB overstepped its authority when it created a new framework for issuing bargaining orders in Cemex Construction Materials Pacific, LLC. For employers in the Sixth Circuit (Ohio, Michigan, Kentucky, and Tennessee), this ruling limits the NLRB’s ability to impose bargaining orders under the Cemex standard.
Continue Reading Federal Court Blocks NLRB Standard That Made Union Recognition Easier

A proposed rule from the U.S. Department of Labor (“DOL”), published Feb. 26, could once again change how employers classify workers as employees or as independent contractors. With the constantly shifting tests and rules, every change, including the presently proposed DOL rule, creates the risk of mistakes that may expose businesses to audits, investigations, and lawsuits, potentially resulting in years of back pay and liquidated damages liability.
Continue Reading Understanding the New DOL Proposed Rule on Independent Contractor
Classification

Ensuring compliance with the Americans with Disabilities Act (ADA) and state-level disability laws, which require covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so imposes undue hardship, remains a critical employer obligation. Despite decades of established guidance, ADA accommodation issues continue to drive a significant volume of claims and enforcement actions from the Equal Employment Opportunity Commission (EEOC) and state agencies. These disputes often arise not because employers refuse or are unable to provide accommodation, but because they mismanage the process or overlook key compliance steps.
Continue Reading Mistakes Employers Make During the ADA Accommodation Process and How to
Avoid Them

Before getting started on the blog entry of the week, a housekeeping matter. My daughter is coming in for spring break at the end of this week and then leaving at the end of the following week. So, it is unlikely I will have a blog entry next week. I certainly plan on a blog entry for the week after. Recently, we blogged on the case of U.S. v. Heppner, here, where the United States District Court for the Southern District of New York held that a person faced with criminal proceedings who used AI as a tool for getting
Continue Reading Point Counterpoint: Does AI Use Waive Work-Product Privilege?

Despite a new administration in D.C. and a push by the executive branch to reign in federal worker unions, the U.S. Bureau of Labor Statistics finally released figures showing that the percentage amongst all U.S. workers who were part of a labor union ticked up ever so slightly from 9.9 percent in 2024, to 10 percent in 2025. With respect to the private workforce, that percentage held at 5.9 percent (same as 2024).
Continue Reading Union Membership Rate in U.S. Held Steady in 2025