• Posts by Timm W. Schowalter
    Partner

    For many businesses in Missouri and Illinois, Timm is the “Go To” attorney when they are facing a labor and employment, unfair competition, or data privacy and security issue. For many of these clients, Timm is not just their ...

On May 2, 2022, the United States Supreme Court granted certiorari in Helix Energy Solutions Group, Inc. v. Hewitt, a case that deals with the Section 13(a)(1) and 29 C.F.R. § 541.601 highly compensated employee exemption under the Fair Labor Standards Act.

A recent case provides a refresher step-by-step guide on the  requirements of a lawfully administered disability accommodation policy under the Missouri Human Right Act.

President Biden, the self-described “most pro-union president,” is faced with the grim reality that despite his administration’s systematic efforts to boost union membership, union membership has, instead, fallen back to historic lows. The Bureau of Labor Statistics released figures that the rate of union membership, or the percentage of wage and salary workers who were part of a union, dropped to 10.3% in 2021, matching the record low in 2019. Among private-sector workers, the numbers were even worse: union members made up just 6.1% of that workforce, compared to 33.9% of ...

The Illinois Supreme Court forever quashed one of Illinois employers’ last lines of defense to the onslaught of claims brought under the Illinois Biometric Information Privacy Act (BIPA).

As we reported on January 29, 2021, the Illinois Supreme Court granted leave to appeal the Illinois Court of Appeals for the First District’s ruling in McDonald v. Symphony Bronzeville Park LLC that held BIPA claims are not the type of injuries falling under the scope of the Workers’ Compensation Act (WCA) and its exclusivity provisions. Today, the Illinois Supreme Court in a 7-0 ...

Despite the ever increasing concerns over privacy and data breaches, both externally and internally, it may become more difficult for employers to legally protect their confidential and proprietary information. As explained in our November 8, 2021 article, “Employers’ Rights Under the Computer Fraud and Abuse Act (CFAA) Narrowed after Supreme Court Decision in Van Buren,” the United States Supreme Court significantly narrowed the interpretation of the CFAA and therewith employers’ means of seeking remedies for the misuse of confidential data. In essence, the Court ...

Welcome to the Labor and Employment Law Update where attorneys from SmithAmundsen blog about management side labor and employment issues. 

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