Mark Spognardi

Jesse Dill

Arnstein & Lehr Chicago Partner Mark A. Spognardi and Milwaukee Associate Jesse R. Dill recently authored an article that appeared February 4, online for Inside Counsel magazine.  The article, “Labor: NLRB makes pre-agreement discipline subject to bargaining with union” illustrates how the National Labor Relation Board’s decision could make a less flexible disciplinary policy an attractive option for some companies.  To read the article please click here.  This article is just the latest in a series of nine articles written for Inside Counsel by Mr. Spognardi and Mr. Dill since October 2012.

To see a list of the articles and select one to read, please click here.

Jesse Dill

Arnstein & Lehr Milwaukee Associate Jesse R. Dill provided his thoughts in a January 30 CNN Money online post entitled “Go ahead, bash your boss on Facebook.” The article discusses how the National Labor Relations Board has turned its attention to employees’ use of social media. The National Labor Relations Act, passed in 1935, protects workers from suffering reprisals for trying to organize a union. In a recent NLRB decision as a result of a recent case, the Act can also apply to people who are just venting on Facebook. Hispanics United of Buffalo, Inc. was closely watched by companies’ legal departments because it was “one of the first cases to address a discharge from employment on the basis of social media activity.” In the post, Mr. Dill explains how the ruling was precedent-setting, and not in favor of the employer.

To read the article and Mr. Dill’s further thoughts, please click here.

Mark Spognardi

Jesse Dill

Arnstein & Lehr Chicago Partner Mark A. Spognardi and Milwaukee Associate Jesse R. Dill recently published an article, “Michigan right-to-work law continues to put labor on its heels,” in the December 24 issue of Inside Counsel. In the article, they discuss that Michigan became the 24th state to pass “right-to-work” legislation on December 11, amid scenes of protest. The law means that public and private sector employers cannot require employees to become union members or pay union dues as a condition of employment.

To read the article in full, please click here.

Mark Spognardi

Jesse Dill

Arnstein & Lehr Chicago Partner Mark A. Spognardi and Milwaukee Associate Jesse R. Dill co-authored a November 26 article for Inside Counsel, titled “NLRB finds at-will employment clauses live to see another day.” The article explains how the National Labor Relations Board has taken unprecedented steps to renew the application of the National Labor Relations Act (NLRA) to unorganized workforces. Among the issues generating concern for all employers are recent efforts to target at-will employment language in employee handbooks as unlawful under the NLRA. Mr. Spognardi and Mr. Dill write that employers can still limit the ability or means of employees to change their at-will status without running afoul of the NLRA. However, the best course may be to provide in the handbooks how such status can be changed after stating the ways in which it cannot be changed.

To read the article in full, please click here.

Jesse Dill

Arnstein & Lehr Milwaukee Associate Jesse R. Dill authored an article titled “Employers can avoid holiday party liabilities,” which appeared on November 20 on BizTimes.com. The article is cleverly written as a poem, with rhyming verses, and covers multiple topics that employers should be aware of as they plan their holiday party. Mr. Dill discusses how a holiday party should be organized to avoid liability issues that may stem from employee alcohol consumption, social media postings, sexual harassment and discrimination issues, and employees with disabilities. Mr. Dill also advises that no business should take place during the party, attendance should be optional, and the party ought to be held off the premises to avoid claims for overtime pay.

To read the article in full, please click here.

Mark Spognardi

Jesse Dill

Arnstein & Lehr Chicago Partner Mark A. Spognardi and Milwaukee Associate Jesse R. Dill have co-authored an article for Inside Counsel, titled “Labor: Wisconsin shootings remind employers to address domestic violence in the workplace.” The article discusses the fatal shooting of a Milwaukee employee by her husband at the wife’s place of employment on October 21, and the necessity for employers to prepare themselves for situations involving domestic violence in the workplace. Mr. Spognardi and Mr. Dill discuss the various rights of employees who are victims of domestic violence, as well as the liability an employer may face if there is a hostile work environment. Mr. Spognardi and Mr. Dill comment that to prevent claims of discrimination for discharging an employee, the employer should implement and enforce a zero-tolerance policy that applies to acts of violence. Also employers should become knowledgeable on state and federal employment laws to navigate any employer requirements and help keep employees safe.

To read the article in full, please click here.

Mark Spognardi

Jesse Dill

Arnstein & Lehr Chicago Partner Mark A. Spognardi and Milwaukee Associate Jesse R. Dill published an article in the October 29 issue of Inside Counsel entitled “Employee investigations—in some circuits, you can rely on what you know.” The article discusses how a recent decision by the 8th Circuit Court offers employers a reminder about the importance of conducting an investigation before disciplining or terminating employees. The court affirms that employers can rely on their investigations in good faith to respond to illegitimate employee activity without concern that the decision will be secondguessed by a court of law.

To read the article in full, please click here.

Mark Spognardi

Jesse Dill

Arnstein & Lehr Chicago Partner Mark A. Spognardi  and Milwaukee Associate Jesse R. Dill published an article for the October 1 issue of Inside Counsel entitled “7th Circuit takes another look at reassignment as a reasonable accommodation under the ADA.” The article discusses the 7th Circuit opinion, EEOC v. United Airlines, Inc., which re-examined whether transferring an employee with a disability to a vacant position is a required reasonable accommodation under the Americans with Disabilities Act (ADA). Mr. Spognardi and Mr. Dill state that the opinion reminds employers to evaluate their policies and practices to ensure compliance with disability discrimination law.

To read the article in full, please click here.

Jesse R. Dill

Arnstein & Lehr Milwaukee Associate Jesse R. Dill is the alumni blogger of the month for the Marquette Law School Faculty Blog. Mr. Dill’s first post can be read here.

For more information about the Marquette Law School Faculty Blog, click here.

Mary Cannon Veed

Lisa A. Baiocchi

Jesse R. Dill

Please join guest speaker, Arnstein & Lehr Chicago Partner Mary Cannon Veed, and Arnstein & Lehr Milwaukee labor and employment attorneys, Lisa A. Baiocchi and Jesse R. Dill, for an informative seminar titled “Reformed Healthcare: Now that we’ve got it, what will we have to do about it?” Due to the recent Supreme Court decision, Mary Cannon Veed will be speaking on the Patient Protection and Affordable Care Act and the impact it will likely have on both employers and employees.

The Wisconsin employment law seminar series, “Breakfast with Lisa and Jesse,” is taking place each month, from May through October, at the Hilton Garden Inn Milwaukee Park Place. The most recent seminar was titled “Managing in Cyberspace: Do I Have The Policies I Need To Cope With Today’s Social Media?”  Next month’s seminar will be on August 2, titled “The Obama NLRB & EEOC: What Should Concern Me?” CLE credits are being offered to attendees.

To read more details and register, please click here.

Charles W. Pautsch

Lisa A. Baiocchi

Jesse R. Dill

On June 6, Arnstein & Lehr hosted its first-ever seminar and client event at Miller Park baseball stadium in Milwaukee, Wisconsin. The event began at 2 p.m. with an employment law seminar covering new cases and changes in the law, with presentations by Milwaukee Partner Charles W. Pautsch and Milwaukee Associates Lisa A. Baiocchi and Jesse R. Dill. The three hour CLE credited seminar was followed by a buffet dinner and baseball game between the Chicago Cubs and Milwaukee Brewers. Approximately 50 people were in attendance, consisting of current and prospective clients, attorneys, and HR professionals.

Charles W. Pautsch

Jesse R. Dill

Arnstein & Lehr Milwaukee Partner Charles W. Pautsch (pictured far left) and Associate Jesse R. Dill (pictured near left) have written an article that appeared in the April 24 issue of Thomson Reuters News & Insight Legal. The article, titled “Social media and Section 7: Why companies should think N-L-R-A when employees p-o-s-t,” discusses a memorandum report issued by the National Labor Relations Board, Office of the General Counsel, emphasizing that employee rights under Section 7 of the NLRA must be at the forefront of considerations when creating a social media workplace policy or disciplining an employee for social networking activity. Section 7 of the NLRA grants employees the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” The report also states that employers should be careful in how they discipline an employee’s social media activity.

To read the article in full, please click here.

Arnstein & Lehr will continue to update employers on whether they have any obligation to post the notice as these appeals progress. Let us know if you have any questions about how the notice posting rule or any other action by the Board may impact your business.

Jesse R. Dill

Arnstein & Lehr Milwaukee Associate Jesse R. Dill was quoted in a February 7 article in CNN.com titled “Employers, workers navigate pitfalls of social media.” The article discusses the increased use of employees’ personal and professional  networking sites that can create uncomfortable situations for employers, and the varying types of social media policies that have been enacted by companies. Mr. Dill  is quoted several times in the article, commenting on the potential repercussions for employees who use social media to post their opinions, and the limited legal guidance on many aspects of social media in the workplace.

To view the article in full, click here.

“David, Erik, Elizabeth and Amanda bring depth and breadth of experience to their respective practices,” said Ray Werner, Managing Partner of Arnstein & Lehr. “We look forward to the contributions each attorney will make in expanding our capabilities for clients as we continue to grow strategically in the Chicago and Miami markets. We are pleased to welcome them to the team.”

The arrival of these attorneys is the latest milestone for the firm and follows on the heels of its Milwaukee office opening with the addition of labor and employment attorneys Charles Pautsch, Lisa Baiocchi and Jesse Dill earlier this month.

With the opening of the firm’s new office, Arnstein & Lehr has 145 attorneys working across 10 offices throughout Illinois, Florida, Wisconsin and Milwaukee.

About the attorneys:

David Newman joins as partner in the firm’s Intellectual Property Practice Group. He focuses his practice on intellectual property law, including patents, trademarks, copyrights and trade secrets. His experience includes handling litigation involving intellectual property, preparing and prosecuting applications for obtaining various types of intellectual properties, and opinion work involving business methods, computers, consumer goods, electronic commerce, mechanical devices, medical devices, pharmaceuticals and telecommunications.

Newman received his undergraduate degree from The Ohio State University and his law degree from DePaul University College of Law. He is a member of the Licensing Executives Society International, Standard Licensing Agreements Committee.

Prior to joining Arnstein & Lehr, Newman was a partner at Greenberg Traurig.

Erik M. Jarmusz joins as an associate in the firm’s Real Estate Practice Group. He has significant real estate experience that includes commercial real estate, corporate transactions and office leasing. Jarmusz also has extensive experience negotiating leases on behalf of both landlords and tenants, and has also focused on general real estate transactions including acquisitions, dispositions, leasing, 1031 exchanges and deeds-in-lieu of foreclosure. He received his undergraduate degree, cum laude, from Loyola University Chicago and his law degree, cum laude, from DePaul University College of Law. Previously, Jarmusz was an associate at Gardiner Koch Weisberg & Wrona.

Elizabeth Anne Thompson joins as an associate in the firm’s Litigation Practice Group. Prior to joining the firm, Thompson worked as a judicial law clerk to Presiding Judge Moshe Jacobius. While attending Chicago-Kent College of Law, Thompson was a summer associate at Winston & Strawn LLP and a research assistant for Dean Krent. She received her undergraduate degree from DePauw University and her law degree, magna cum laude, from Chicago-Kent College of Law.

Amanda Shear joins as an associate in the firm’s Real Estate Practice Group. She has experience handling real estate closings and tax and probate matters. She has also worked with closing agents and lenders with respect to financing for real estate closings.  Shear received her undergraduate degree from the University of Michigan and her law degree from the Benjamin N. Cardozo School of Law. Previously, she was an associate with the New York law firms of Landman, Corsi, Ballaine & Ford, P.C. and Marulli, Lindenbaum & Tomaszewski LLP.

Chuck Pautsch

Jesse R. Dill

Arnstein & Lehr Milwaukee Partner Chuck Pautsch and Associate Jesse R. Dill authored the article “Court cases are shaping social media law,” which appeared in the January 24 issue of BizTimes.com, which covers Milwaukee and southeastern Wisconsin business news. The article describes how companies can protect their social media accounts and online assets when employees leave employment.

To view the article in full, click here.

“The growth of this practice greatly strengthens our ability to serve clients with labor and employment needs throughout all of Arnstein & Lehr’s markets,” said Ray Werner, managing partner of Arnstein & Lehr, a Chicago-based law firm. “Building upon the success of our labor and employment practice, the Milwaukee office marks the latest milestone in the firm’s commitment to expansion in response to client needs.”

Pautsch will serve as managing partner of Arnstein & Lehr’s Milwaukee office but will also maintain a Chicago office to strengthen the employment services for the firm’s clients in Chicago. He is the former managing partner of Jackson Lewis’ Milwaukee office and brings more than 34 years of labor and employment experience to Arnstein & Lehr.

“We are excited to join such a storied law firm as Arnstein & Lehr,” said Pautsch, who is licensed to practice in both Wisconsin and Illinois. “I believe our depth and breadth of knowledge will certainly be an asset to the firm’s clients and reinforce the firm’s already strong practice in this area.”

Arnstein & Lehr’s Milwaukee office will be located in the Renaissance on Water building, in Milwaukee’s Historic Third Ward, in the city’s arts and fashion district, at 309 North Water Street, Suite 210.

The firm has developed a strong working relationship with the Milwaukee firm of Hodan, Doster & Ganzer SC and will continue its of counsel relationship with the Ganzer firm.

About the attorneys:

Charles W. Pautsch has concentrated his practice in labor and employment law for more than 34 years. His extensive experience includes litigating cases in federal and state courts and various federal and state administrative agencies, most particularly the National Labor Relations Board, Occupational Safety & Health Administration, the U.S. Department of Labor, the Human Rights Commission and Wisconsin’s Department of Workforce Development. He has served as lead counsel in more than 150 cases in federal courts alone, representing business clients in 20 federal districts in 13 states. Pautsch successfully handled Rule 23 class actions under Title VII, the Employee Retirement Income Security Act (ERISA) and the Americans with Disabilities Act (ADA) and collective class actions under the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA). He is a graduate of North Central College and received his J.D., magna cum laude, from the University of Illinois at Urbana-Champaign.

Lisa A. Baiocchi concentrates her practice on labor and employment litigation in both state and federal court, and she represents clients in matters before administrative agencies. She received her J.D. from Marquette Law School, where she served as president of the Labor and Employment Law Society. Baiocchi is the founder and was president of the Student Animal Legal Defense Fund at Marquette. She received her undergraduate degree from the University of Wisconsin-Milwaukee.

Jesse R. Dill represents management in a variety of labor and employment law matters before state and federal courts. While in law school, he worked as a law clerk in the litigation department of Emerson Electric Company and as a legal intern for the Honorable Lynn Adelman of the Eastern District of Wisconsin. He was published by the Marquette Intellectual Property Law Review, where he also served as comments editor. Dill is a graduate of the University of Wisconsin-Madison and Marquette University Law School.