Charles A. Krugel

4/7/26 Chicago Bar Association Solo/Small Firm Practitioners Committee Meeting

charlesakrugel — Tue, 24 Mar 2026 22:19:12 +0000

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 Baker McKenzie and Harvey.ai, Rick walks attendees through the Ruthy AI Implementation Framework — a proven 4-phase process covering AI Audit, Data Foundation, Pilot & Prove, and Scale & Optimize — and shows how AI can be deployed responsibly, ethically, and securely to level up the humans in the room, not replace them. Attendees will leave with an actionable understanding of where AI fits in their practice today and a clear next step to get started.

Speaker: Rick Hayhurst, Founder & CEO, Ruthy AI

Meeting Format: Webcast

Committee Chairs: Charles A. Krugel, Labor & Employment Law on Behalf of Business; Mathew Kerbis, Subscription Attorney LLC

Click here to register and for meeting information: https://www.chicagobar.org/CBA/Events/cba_Event_Display.aspx?EventKey=SOLOS0426W

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See My 3/5/26 Video Podcast Interview With Kerry Heaps on Chromatic Counsel

charlesakrugel — Mon, 16 Mar 2026 20:00:11 +0000

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.

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I’m Cited In: How Smart Employment Policies Protect Your Business

charlesakrugel — Sun, 15 Mar 2026 15:59:38 +0000

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 policies alone are not enough. Employers must ensure that their policies are tailored to their organization, clearly communicated, and consistently applied.

Why Written Policies Matter

Modern workplaces operate within an increasingly complex regulatory framework. Federal, state, and local laws govern everything from discrimination and wage rules to privacy, leave rights, and workplace safety. As a result, written policies have become essential tools for managing legal risk. Employee handbooks are often the primary way businesses communicate these policies.

A well-crafted handbook typically includes guidance on issues such as:

anti-discrimination and anti-harassment policies,
compensation and benefits,
work schedules and attendance,
technology use and confidentiality,
leave policies, and
workplace safety.

These policies serve several important functions. They communicate expectations, help management make consistent decisions, and create documentation that can be critical if legal disputes arise.

In drafting a new employee handbook or revising a current one, remember that clarity is critical.

Not Every Business Needs the Same Handbook

While most employers benefit from written policies, the level of formality required depends heavily on the size and structure of the business.

Helen Bloch of the Law Offices of Helen Bloch, P.C. explains that small businesses may not need the same level of documentation as larger organizations.

For example, very small businesses might only need written policies addressing legally required issues such as harassment prevention or discrimination reporting. Larger companies, however, should adopt more detailed policies to help ensure consistent treatment of employees across the workforce.

Without clear policies, employers risk inconsistent decisions that could later be interpreted as discrimination or unfair treatment.

The Importance of Compliance

Even well-written policies can become liabilities if they are not followed in practice, which can be a huge risk, particularly in the context of litigation, when policies often come under scrutiny.

“The existence of a policy on its own will not be enough,” Max Barack of Garfinkel Group, LLC notes. “You need to show that it was communicated, understood, and actually followed.”

In other words, a handbook cannot simply sit on a shelf. Employees need to understand workplace expectations, and managers must know how to apply those policies when problems arise.

Barack emphasizes that training should begin during onboarding and continue throughout employment.

“Your first training opportunity is orientation,” he said. “It’s the chance to ensure nobody can say they didn’t know the policy.”

Training also helps employers comply with laws, improve workplace safety, and strengthen productivity.

The Danger of ‘Borrowed’ and Poorly Drafted Policies

One of the most common mistakes employers make is copying policies from another source without tailoring them to their own operations.

“The number one issue I see is clients using a form template they found online or borrowing a handbook from another business,” observes Katie Rinkus of the Prinz Law Firm. “But those businesses aren’t the same; they have different employees and different operations.”

Generic policies often create unintended legal risks. A policy that makes sense for one company might not apply to another industry, location, or workforce.

Poorly drafted policies can sometimes create legal obligations that would not otherwise exist. Take the Family and Medical Leave Act (FMLA), for example.

The FMLA generally applies only to employers with 50 or more employees, but some smaller businesses include FMLA policies in their handbooks anyway. Even if the law does not require an employer to provide certain benefits, putting them in writing may create an enforceable expectation.

“You will be held to what you put in writing to your employees,” Helen Bloch warns.

Another policy area that can create significant legal risk is worker classification. Employers should be very careful when referencing independent contractors in their handbooks. Because independent contractors operate as separate businesses, including them in employee policies could unintentionally suggest they are employees.

The Value of Prevention

Employment laws change constantly, especially at the state and local levels. Because of this evolving legal landscape, employers should treat their policies not as static documents, but as living resources that must be periodically revisited and refined.

At a basic level, workplace policies and employee handbooks should be reviewed at least once a year to confirm that they remain consistent with current laws and reflect the employer’s actual practices. An annual review provides an opportunity to identify outdated provisions, correct inconsistencies, and incorporate new legal requirements that may have taken effect during the year.

In practice, however, waiting for an annual review may not always be sufficient. Many employment law changes take effect mid-year or vary significantly across jurisdictions, particularly for employers operating in multiple states. As a result, employers should consider conducting periodic policy audits throughout the year to ensure their policies remain aligned with evolving regulations. These audits may involve reviewing recent legislative developments, consulting with legal or human resources professionals, and evaluating whether internal policies are being consistently implemented by managers and supervisors.

Regular policy reviews also provide an opportunity to address operational changes within the organization itself. As companies grow, adopt new technologies, or adjust workplace practices, policies should be updated to reflect those realities. Ensuring that written policies accurately mirror workplace practices helps reduce confusion among employees and strengthens an employer’s ability to rely on those policies if disputes arise.

Ultimately, maintaining current and well-communicated policies is an important part of proactive risk management. With this mindset, employers can better position themselves to remain compliant with changing laws while fostering a workplace that is transparent, consistent, and well-managed.

_________________________________________________________________
To learn more about this topic, view An Ounce of Prevention: Policies, Procedures, and Proactivity. The quoted remarks referenced in this article were made either during this webinar or shortly thereafter during post-webinar interviews with the panelists. Readers may also be interested to read other articles about HR.

This article was originally published on March 11, 2026.

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3/19/26 Wage & Hour Webinar Moderated by Me

charlesakrugel — Sun, 08 Mar 2026 15:51:11 +0000

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3/3 Chicago Bar Association Solo/Small Firm Committee Meeting

charlesakrugel — Thu, 19 Feb 2026 19:30:06 +0000

The Chicago Bar Association Committee Meeting Notice

Please join the Solo/Small Firm Practitioners Committee for the following meeting:

Date/Time: March 3, 2026, from 12:15pm-1:30pm CST
Topic: Codify Your Signature System: The competitive edge smaller firms use to stand out in crowded markets
Speaker: Marcel Krawczyk, Founding President, Little Jack

Description: Most small firms struggle because they’re trying to grow without the foundational clarity that makes growth actually work. Marketing feels scattered. Sales feels inconsistent. Delegation keeps failing. It’s easy to lower your fees, hire another vendor, or pour money into ads without knowing what’s actually driving results… and still feel stuck. In this session, you’ll learn about aligning your message, sales process and visibility so everything works together. When a firm has this codified, vendors execute better, content compounds, consults convert more consistently, and growth stops depending on the founder to drive every result. If you’ve ever felt burned by a vendor who didn’t deliver, stuck in a cycle of fragmented growth efforts, or unsure what parts of your business you can actually delegate without losing control, this workshop was built for you.

Meeting Format: Webcast
Committee Chair: Charles Krugel, Labor & Employment Law on Behalf of Business; Matthew Kerbis, Subscription Attorney LLC

Click here to register and for meeting information: https://www.chicagobar.org/CBA/Events/cba_Event_Display.aspx?EventKey=SOLOS0326W

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3/16/26 CLE: Dr. Ariel Gelblung Speaks on Uncovering Nazi Escape Networks Sponsored by the Simon Wiesenthal Center & The Decalogue Society of Lawyers

charlesakrugel — Thu, 19 Feb 2026 15:21:08 +0000

Gain exclusive insights into the Simon Wiesenthal Center’s groundbreaking effort that led Argentina’s President Javier Milei to recently declassify secret archives on Nazi fugitives. As modern antisemitic sentiment spreads throughout Latin America—including amid the ongoing situation in Venezuela—learn about revolutionary approaches through the justice system that are serving as a roadmap for combating hate across the globe.

Presented in partnership with The Decalogue Society of Lawyers.

You can receive CLE credits for your participation either in-person or Zoom. A Zoom link will be provided closer to the program and a kosher lunch will be avaliable for in-person guests.

For more information, please contact Yelena Spector, Associate Director of Development, Midwest at yspector@wiesenthal.com.

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CBA Seminar: To Solo or Not to Solo (02/26/26); 1-Hour CLE

charlesakrugel — Wed, 11 Feb 2026 17:11:58 +0000

The post CBA Seminar: To Solo or Not to Solo (02/26/26); 1-Hour CLE appeared first on Charles A. Krugel.

I’m Quoted in National Law Review Article

charlesakrugel — Wed, 04 Feb 2026 14:22:54 +0000

Recruiting and Hiring Without Stepping on Legal Landmines

by: Michele Schechter, Monday, February 2, 2026

Hiring a new employee should be exciting. It means growth, new ideas, and added capacity. But from a legal and financial perspective, hiring is also one of the riskiest things a business does. Every decision, from how a job is posted to what questions are asked in an interview, can have legal consequences if handled carelessly. The goal in any hiring process is not perfection, but smarter, more defensible hiring practices that protect the business while still attracting talent.

Getting Started

Job Descriptions

Before resumes start coming in, employers should take a hard look at their job descriptions. A well-drafted job description is more than an HR document; it is a legal tool. Accurate job descriptions help identify the essential functions of a role, clarify expectations, and support compliance with disability accommodation laws.

Employers must understand minimum wage, overtime, and classification rules in drafting their job descriptions. Misclassifying employees as independent contractors remains a major enforcement focus. Errors here can lead to back pay, penalties, and audits.

As Charles Krugel of the Law Offices of Charles Krugel notes, “Job descriptions are often overlooked, but they become critical when you have to explain why someone was or wasn’t hired, or why a role was classified a certain way.”

Courts and regulators often look to job descriptions when evaluating discrimination or wage-and-hour claims, so outdated or inflated descriptions can create real problems.

Posting the Position

How and where jobs are advertised matters. Language that unintentionally signals a preference for a certain age group, gender, or background can trigger discrimination claims. Employers should focus on objective qualifications and avoid unnecessary descriptors that could be misinterpreted.

Internal posting practices matter too. Failing to post openings internally or deviating from standard procedures can lead to claims of favoritism or discrimination. Consistency is one of the strongest defenses an employer has.

Interviewing & Screening Applicants

Interviews are a common source of legal exposure. Questions that seem casual or harmless can stray into protected territory, including age, religion, national origin, disability status, or family situation.

Employers should train interviewers to focus on job-related qualifications and avoid personal topics. Even if an applicant volunteers protected information, follow-up questions can create liability.

“Even if a job applicant mentions she is pregnant, do not ask whether it will be her first child, or what she plans on doing for childcare when the baby comes, as those types of questions generally are illegal interview questions. You can mention in response that your company has a reasonable accommodation policy for pregnancy,” advises Helen Bloch of the Law Offices of Helen Bloch, P.C.

Salary History and Pay Transparency

Many states and cities now prohibit employers from asking applicants about prior salary. These laws are designed to prevent historical pay inequities from carrying forward.

At the same time, pay transparency laws increasingly require employers to disclose salary ranges in job postings. While this can feel uncomfortable, it often saves time by aligning expectations early in the process.

Employers can still discuss compensation expectations, just not salary history.

Social Media

Social media is now a common screening tool, but it comes with risks. Profiles often reveal protected characteristics, which can later be cited as evidence of discriminatory intent.

Best practices include limiting social media screening, using third parties, or separating the screening function from decision-makers. Some states also prohibit employers from requesting access to private social media accounts.

“The risk isn’t just what you find; it’s what you’re deemed to know once you’ve looked,” cautions Max Barack of Garfinkel Group, LLC.

Background Checks and the Fair Credit Reporting Act

Background checks can be valuable, but they are heavily regulated.

“The Fair Credit Reporting Act (FCRA) outlines very strict requirements that employers must follow if they are performing background checks on applicants. It’s important that the employer provide the notices and disclosures required by the FCRA to properly conduct the background check and avoid exposure under the FCRA,” says Katie Rinkus of the Prinz Law Firm.

This includes providing clear written notice, obtaining consent, and following specific steps before and after taking adverse action based on a report. Failure to follow these steps can result in liability even if the hiring decision itself was reasonable. A technically correct decision can still create exposure if the process wasn’t followed exactly.

Criminal History and ‘Ban-the-Box’ Laws

Many jurisdictions restrict when and how employers can inquire about criminal history. Typically, these questions must wait until after a conditional offer is made.

Even then, employers must conduct individualized assessments rather than automatic disqualifications. Factors include the nature of the offense, how long ago it occurred, and whether it is relevant to the job.

Documentation is key. Employers should be able to explain, and prove, why a conviction mattered for a specific role.

A Note About Artificial Intelligence

AI tools are increasingly used to screen resumes and evaluate candidates, but they introduce new risks. Bias in data or algorithms can result in discriminatory outcomes, even without intent.

Several states now require disclosure when AI is used in employment decisions. Employers should understand how these tools work and document oversight. AI can be efficient, but it’s not a shield from liability and can actually magnify it.

Using Restrictive Covenants

Non-disclosure, non-solicitation, and non-compete agreements are facing more scrutiny than ever before. Over the past several years, courts, state legislatures, and federal agencies have all moved in the same direction: narrowing when and how employers can restrict employee mobility.

Many states restrict or ban non-competes outright. At the federal level, regulators have openly questioned whether non-competes primarily protect legitimate business interests or instead unfairly restrict competition and worker movement.

To be enforceable, a restrictive covenant generally must protect a legitimate business interest. Courts commonly recognize interests such as protecting trade secrets, confidential information, and customer relationships. Simply wanting to limit competition or prevent an employee from leaving is not enough.

Even where a legitimate interest exists, the restriction must be reasonable. That reasonableness analysis typically looks at three things: scope, duration, and geography. Broad, one-size-fits-all restrictions that apply to every employee, regardless of role, access to sensitive information, or level of responsibility, are increasingly disfavored. Employers are expected to tailor restrictions to the specific employee and the actual risk posed.

Non-disclosure agreements tend to receive the least resistance, but even they are not immune from challenge. Courts may refuse to enforce NDAs that attempt to label everything as confidential, or that restrict information that is publicly available or generally known within an industry.

Non-solicitation agreements often fare better than non-competes, but only when they are narrowly drafted. Restrictions on soliciting customers or employees must still be tied to real business concerns and limited in duration.

Hiring Candidates With Restrictive Covenants

Hiring employers must also be careful when candidates disclose restrictive covenants with former employers. These disclosures should never be ignored or brushed aside. Reviewing the agreement, understanding which state’s law applies, and confirming expectations in writing can significantly reduce risk.

Failing to address these issues upfront can expose employers to claims of tortious interference, unfair competition, or trade secret misappropriation. Even if the employer never intended wrongdoing, courts often focus on what the employer knew, or should have known, at the time of hire.

The bottom line is that restrictive covenants still have a place, but only when used thoughtfully. Employers that rely on narrowly tailored, role-specific restrictions, and that take prior agreements seriously, are far better positioned to protect their interests without creating unnecessary legal exposure.

Key Takeaways for Employers

Smart hiring is about process, not perfection. Consistent practices, clear documentation, and early legal guidance go a long way toward reducing risk. Hiring will always involve judgment calls, but employers who approach recruiting with structure and awareness are far better positioned to defend their decisions. Thoughtful planning on the front end saves time, money, and headaches later.

To learn more about this topic, view Welcome to the Team! Recruiting and Hiring Including Restrictive Covenants. The quoted remarks referenced in this article were made either during this webinar or shortly thereafter during post-webinar interviews with the panelists. Readers may also be interested to read other articles about HR.

This article was originally published here.

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I’m Extensively Quoted in AI HR Article

charlesakrugel — Wed, 28 Jan 2026 14:30:40 +0000

Thanks to People Managing People for extensively quoting me in their 1/16/26 article, Can You Build AI Compliance into a Competitive Advantage? by David Rice. QUICK SUMMARY: New transparency regulations are forcing companies to build AI governance infrastructure. Will they build it as a legal checklist or a strategic asset?

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New Client Testimonial & I’m Elected Board Chair for the Lakeside Community Committee

charlesakrugel — Mon, 26 Jan 2026 13:38:18 +0000

The Lakeside Community Committee, founded in 1964, is a 60+ year old child and family advocacy organization based in Chicago’s Greater Grand Crossing Neighborhood. I’ve been on their board of directors and their attorney for 16 years. I’ve been their board of directors’ vice chair for around seven years.

Recently, I was elected their board chair, replacing longtime board chair (two decades) Josephine Glover. Our agency works with the Illinois Department of Children and Family Services to provide foster parenting, adoption and shelter services for our state’s children.

I’m excited to assume this role and support our agency’s amazing staff who are among the best trained and educated child care staff in the nation.

Also, thanks to new client Le Sud Mediterranean Kitchen in Chicago’s Roscoe Village for my newest five star client testimonial below. This is my 23rd five star Google rating out of 23 total ratings. All Google testimonials are here.

Since opening in 2018, Le Sud has become a beloved neighborhood destination. It’s proud to be recognized among the best new restaurants, best al fresco dining, and best neighborhood restaurants in the city. In 2025, they were honored with the Lakeview Roscoe Village Chamber of Commerce Entrepreneurial Award.

Here’s their testimonial:

Sandy Chen

Local Guide • 5 reviews • 43 photos

Working with Chuck as my employer-side employment lawyer was incredibly reassuring during a stressful and high-stakes situation. He took the time to understand my business, explained every step in plain language, and made sure I felt supported and informed throughout the process. His professionalism, attention to detail, and steady guidance helped me reach a resolution that protected my company and gave me real peace of mind. I would confidently recommend him to any employer in need of trusted legal counsel.

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