The Employment Law Group at Fox Swibel provides clients practical, business‐oriented solutions to employment law problems. Our experience includes:

• Advice & Counsel. We provide employers day-to-day counseling and advice regarding a broad range of matters affecting the employment relationship, including non‐discrimination laws, reasonable accommodations, absence and leave management, hiring and background checks, drug testing, strategies for employee discipline and termination, restrictive covenants, employment agreements, and employee handbooks and policies. We have deep knowledge of a host of laws governing the workplace, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Illinois Human Rights Act, the Illinois Freedom to Work Act, the Illinois Workplace Transparency Act, the Illinois Paid Leave for All Workers Act, the Chicago Fair Workweek Ordinance, the Chicago Paid Leave and Paid Sick Leave Ordinance, among many others. We assist clients to assess and manage risk in all aspects of the employment relationship, such as employee discipline and discharge issues, drafting and interpreting employment contracts, post-employment restrictive covenants, structuring leaves of absence, leave management, workplace accommodations, and planning reductions‐in‐force.

• Likewise, our Firm provides expert guidance on wage & hour issues and compliance under the Fair Labor Standards Act, Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act, and other state and local laws. We advise clients on exempt / non-exempt classification determinations, timekeeping and “off the clock” issues, tipped employees, and regular rate calculations. Our attorneys develop strategic approaches to these wage & hour issues that minimize litigation risk. Our team has guided numerous employers through classification audits, implementing solutions that balance compliance requirements with business operations and employee relations considerations.

• Litigation & Dispute Resolution. Our attorneys have extensive experience defending claims of age, race, national origin, disability, and sex discrimination, sexual and racial harassment, retaliatory discharge, fraud, defamation, negligent supervision and retention, and breach of contract. In addition, we have deep expertise in claims involving trade secrets and restrictive covenants. In addition, we regularly represent employers in wage and hour single plaintiff and class and collective actions under the Fair Labor Standards Act, the Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act, and similar state and federal statutes. We also have a depth of experience representing employers before the U.S. Equal Employment Opportunity Commission, U.S. and Illinois Departments of Labor, the Illinois Department of Human Rights, and other federal and state agencies.

A proactive approach to employment policies and procedures can prevent employment and labor issues from becoming lawsuits or claims. We partner with clients to prevent employment and labor issues from becoming lawsuits. Thus, we believe the best defense strategy is to ensure that the client’s employment policies and practices are appropriate and lawful, and that managers receive appropriate training. When litigation does occur, our approach to litigation starts with early case assessment, understanding clients’ goals, and a tailored strategy to achieve them. This could include early efforts to resolve the matter.  When an early resolution is not desired or available, we find that moving quickly and aggressively (rather than pursuing a strategy of delay) in discovery and other facets of litigation usually is the most efficient and cost-effective approach for clients. However, we recognize that, in some instances, a client’s best interests may be better served by a more deliberate or measured pace.

• Employment Investigations. We conduct thorough, yet discreet, internal investigations on behalf of employers. In the course of these investigations, we can identify internal policies, procedures, and practices that may warrant updates and detail steps that employers should take to limit the occurrence of future incidents. Following an investigation, we provide practical guidance to employers, including what, if any, remedial action may be warranted.
• Restrictive Covenants & Trade Secrets. We have extensive expertise litigating claims involving non-competition, non-solicitation, and other restrictive covenants, and misappropriation of trade secrets, including in high stakes temporary restraining order and preliminary injunction hearings. We have both defended new employers and pursued former employees in cases involving restrictive covenants and trade secrets. We also provide practical guidance to employers on drafting and updating such agreements in this dynamic area of the law, and on measures to avoid such disputes.
• Paid Leave Law Compliance. Fox Swibel regularly advises clients in the rapidly evolving area of paid leave law compliance. We often represent multi-jurisdictional employers navigating the complex patchwork of federal, state, and local paid leave requirements. For these clients, we provide tailored advice on structuring their policies, evaluating whether separate jurisdiction-specific policies, a single generous policy meeting all requirements, or a hybrid approach best serves their operational needs. We have particular expertise in Illinois paid leave requirements, including the interplay between the Illinois Paid Leave for All Workers Act, Cook County Paid Leave Ordinance, and Chicago Paid Safe and Sick Leave Ordinance, and have published several articles on this topic.
• Biometric Privacy. We have substantial experience representing employers and other entities in putative class actions under the Illinois Biometric Information Privacy Act (BIPA). We also provide advice to employers on their biometric policies and practices to ensure compliance with applicable laws.

We pride ourselves on using our mastery of these areas to develop creative and practical solutions that address the particular needs of our clients’ businesses.

Our attorneys are editors of the Illinois Employment Law Letter, a newsletter designed to help employers stay abreast of state and federal employment law developments.