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Masuda Funai's Employment, Labor & Benefits group offers the full range of employment counseling, investigations, negotiations and litigation services on behalf of management. In addition to representing domestic companies, our firm is known for advising foreign-owned companies wanting to establish a legal entity in the United States and those doing business in the U.S. We help our clients navigate the myriad of U.S. employment, labor and benefit laws which can present a formidable challenge to even the most sophisticated global company. Our attorneys understand the unique questions, problems and concerns both domestic and foreign companies have when attracting, retaining and managing their workforce as well as in defending their rights in the face of disputes and litigation.

The firm’s wide-ranging and in-depth experience covers employment, union and benefit law issues from human resource counseling, wage payment, and mergers and acquisitions, to risk management and working with management to find solutions to difficult problems. We guide our clients through every phase of the employment relationship, beginning with advice and assistance on recruitment and hiring. We assist our clients in drafting employment agreements, employee handbooks and policies as well as conducting training programs for employees and supervisors in such areas as the prevention of sexual harassment, union avoidance and wrongful termination. Given today’s economic climate, we work diligently with management to audit and implement agreements, policies and procedures to protect a company’s intellectual property and their near-permanent business and customer relationships.

As employers face an ever increasing number of employment-based agency claims and lawsuits, we continue to deliver a focused and aggressive approach to problem-solving as demonstrated by our track record of resolving legal actions for clients throughout the U.S. We have handled and resolved complex litigation pertaining to discrimination, harassment, wage and hour, wrongful termination, employee privacy, breach of restrictive covenants, and the defense of OSHA citations, union campaigns and unfair labor practices. We prosecute and defend unfair competition claims including the misappropriation of trade secrets, employee raiding and customer solicitation. We vigorously advocate our client’s position in administrative hearings before state and federal agencies, in mediation and arbitration, and in state and federal lower and appellate courts.

We know, from decades of serving as U.S. employment, labor and benefits legal counsel to our clients, that workforce conflict and “people problems” are never fully addressed with a one-size-fits-all approach. Whether a challenge involves discrete negotiation, litigation, arbitration, strategic planning, M&A due diligence, a reduction in force, or the day-to-day advice businesses need to succeed, our goal is to ensure that each client understands its options so that an informed decision can be made. We design cost effective human resource solutions that achieve “bigger picture” business objectives grounded in sound legal theory.

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Range of Services Experience

Experience

Employment
  • Represented a foreign government before the Equal Employment Opportunity Commission and Illinois Department of Human Rights, obtaining the dismissal of all charges.

  • Obtained a summary judgment under the Friendship, Commerce and Navigation Treaty between the U.S. and Japan, courts dismissing age and national origin discrimination claims.

  • In a putative FLSA collective action case filed in Tennessee against a manufacturer and its sister company in Ohio, obtained dismissal of the Ohio company and successfully settled the case before class certification.

  • Defended a national hardware retail chain against age discrimination in hiring and sex discrimination charges filed with a state human rights agency resulting in a dismissal of all charges.

  • Represented a manufacturing employer in Illinois found to have violated Title VII due to racial and national origin harassment, successful negotiating a settlement agreement with the Equal Employment Opportunity Commission without a consent decree or punitive damages.

  • Represented a manufacturer in Minnesota before the Minnesota Occupational Health & Safety Administration in which the employee alleged a retaliatory discharge after complaining about safety violations.

  • Strategized, planned and consulted with a consumer products manufacturer regarding federal and Illinois Worker Adjustment and Notification Act (WARN) requirements in the company’s relocation to a new facility and with second manufacturer regarding a series of reductions-in-force, including counsel regarding the impact of the reductions-in-force upon the 401k plan.

Labor
  • Obtained a dismissal of a retaliation case filed in the Atlanta Regional Office of the National Labor Relations Board after the case was transferred from the National Railway Board.

  • Obtain dismissals of unfair labor practice claims before the National Labor Relations Board arising out of a union organizing campaign.

  • Represented a manufacturer in a union organizing campaign, resulting in the union’s failure to file a petition for an election before the National Labor Relations Board.

  • Negotiated union contracts with Machinists, Teamsters and other unions.

  • Assisted a company to decertify the union as the representative of its employees.

  • Defended companies in grievance/arbitration cases.

Benefits
  • Represented an Ohio manufacturing company by spearheading its response to a U.S. Department of Labor audit of all of its welfare plans resulting in no penalties being assessed for a client’s non‑compliance.

  • Represented an Illinois-based freight forwarder in a failure to file a complete Form 5500 matter resulting in a significant reduction in the final penalty assessed by the U.S. Department of Labor.

  • Investigated, prepared and filed numerous 401(k) plan corrections for clients under the IRS’s Employee Plans Compliance Resolution System due to compensation, eligibility, employee deferral, employer matching, and plan loan errors.

  • Drafted and / or reviewed various non-qualified deferred compensation plans, including long-term incentive plans, bonus plans and phantom stock plans.

People

People

Naureen Amjad
Principal, Chicago
P 312.245.7538
Kevin Borozan
Senior Associate, Chicago
P 312.245.7500
Frank J. Del Barto
Principal, Schaumburg
P 847.734.8811
Eldon H. Kakuda
Principal, Schaumburg
P 847.734.8811
Dayne Kono
Chairman, Chicago
P 312.245.7500
Riebana E. Sachs
Senior Associate, Chicago
P 312.245.7534
Nancy E. Sasamoto
Principal, Chicago
P 312.245.7500
John B. Stanis
Principal, Schaumburg
P 847.734.8811
Jennifer R.M.C. Watson
Principal, Chicago
P 312.245.7500
Jiwon Juliana Yhee
Principal, Chicago
P 312.245.7500
News & Events
Legal Updates/Client Advisories
New Illinois Amendments Strengthen Employee Rights in the Workplace
Executive Summary In early August 2024, Illinois Governor J.B. Pritzker signed four bills into law that substantially expand the scope…
Considerations for Parent Companies and Subsidiaries Under the NLRB's Proposed Joint Employer Rule
Executive Summary The National Labor Relations Board's ("NLRB") Proposed October 2023 Joint Employer Rule would make it easier for two…
Federal Court Strikes Down FTC's Non-Compete Ban Nationwide
Executive Summary On August 20, 2024, the U.S. District Court for the Northern District of Texas issued a nationwide injunction barring…
Michigan Expands Sick Leave and Increases Minimum Wage in 2025
Michigan employers must soon provide substantially more sick leave to eligible employees. They will be subject to new annual minimum wage…
Federal Litigation Enjoins FTC's Final Rule Banning Non-Competes
UPDATE: On July 3, 2024, the U.S. District Court for the Northern District of Texas (the “Court”) in Ryan LLC v. Federal Trade Commission…
Child Labor Law Violations are Increasing
Most developed countries have laws governing the use of child labor. In addition, many companies have codes of conduct that address human…
Amendment To Illinois' Biometric Information Privacy Act Would Limit Damages for Employer Violations
Executive Summary On May 16, 2024, the Illinois House of Representatives approved Senate Bill 2979 (the “Bill”), which amends the…
DOL Final Rule Significantly Increases Salary Thresholds for Overtime Exempt Employees
Executive Summary On April 23, 2024, the United States Department of Labor released its final rule to increase the minimum salary…
FTC Issues Final Rule Banning Non-Competes
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to adopt a broad final rule banning the use of non-compete agreements…
When Language Differences are Present, Companies Must Work Harder to Prevent Unintended Litigation
A recent New York case reinforces the need for companies to ensure that business meetings and calls are designed to be inclusive and…
U.S. Department of Labor Unveils Final Rule on Determining Independent Contractor Status
Executive Summary On January 9, 2024, the United States Department of Labor (the “DOL”) released its long-awaited final rule (the…
You Have a Fiduciary Duty to Manage Your Prescription Drug Program
On February 5, 2024, a class action complaint [link] was filed against Johnson and Johnson (“J&J”), its Pension and Benefits Committee, and…
UPDATE: New Chicago Ordinance Significantly Increases Paid Leave for Employees
Executive Summary On November 9, 2023, the Chicago City Council passed the new Chicago Paid Leave and Paid Sick Leave Ordinance (the…
DOL Proposes Significant Salary Level Increase for FLSA's White Collar Exemptions
Executive Summary On August 30, 2023, the United States Department of Labor (“DOL”) issued a notice of proposed rulemaking to increase…
New Chicago Ordinance Significantly Increases Paid Leave for Employees
Executive Summary On November 9, 2023, the Chicago City Council passed the new Chicago Paid Leave and Paid Sick Leave Ordinance (the…
Masuda Funai Employment Newsflash: California Strengthens and Expands Non-Compete Ban
Executive Summary On September 1, 2023, California Governor Gavin Newsom enacted Senate Bill 699 (SB 699), making it unlawful for…
Masuda Funai Employment Newsflash: Illinois Strengthens Worker Protections By Amending the Day And Temporary Labor Services Act
On August 4, 2023, Governor J.B. Pritzker signed substantial amendments to the Day and Temporary Labor Services Act (DTLSA) into law, which…
U.S. Supreme Court Raises the Bar: Rejecting Religious Accommodations Likely Unlawful Absent Substantial Increased Cost
Executive Summary On June 29, 2023, the U.S. Supreme Court unanimously held that the undue hardship defense to granting an employee’s…
Illinois Mandates Pay Transparency Effective 2025
Executive Summary On August 11, 2023, Illinois Governor J.B. Pritzker signed a new law that amends the Illinois Equal Pay Act…
NLRB Bans Confidentiality and Non-Disparagement Clauses in Severance Agreements
Executive Summary On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision (McLaren Macomb, 372 NLRB No. 58…
New York Soon to Ban Non-Compete Agreements
Executive Summary On June 20, 2023, the New York State Assembly passed A1278B (the “Bill”), which would prohibit employers from…
National Labor Relations Board Modifies Independent Contractor Standard (Yet Again)
Executive Summary On June 13, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its long-awaited decision in…
Masuda Funai Employment Newsflash: DHS/ICE End I-9 Inspection Flexibility and Mandate Physical Inspection Retroactively
On May 4, 2023, the U.S. Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) announced that…
Masuda Funai Employment Newsflash: EEOC Issues Guidance on Using Artificial Intelligence for Employment Decisions
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance on employers’ use of Artificial Intelligence…
Board Resolution Did Not Override Employee Handbook Requirements
Recently, the United States Court of Appeals for the Fourth Circuit vacated a district court’s grant of partial summary judgment when it…
New Year, New Data Privacy Regulations: California Consumer Privacy Act Now Regulates HR Data
Executive Summary On January 1, 2023, substantive amendments to the California Consumer Privacy Act (“CCPA”) took effect and the…
Update to Masuda Funai Employment Newsflash: Illinois Passes Paid Leave for All Workers Act
UPDATE: On March 13, 2023, Illinois Governor J.B. Pritzker signed into law the Paid Leave for All Workers Act (“PLFAW Act”), which will…
Masuda Funai Employment Newsflash: NLRB Bans Confidentiality and Non-Disparagement Clauses in Severance Agreements
On February 21, 2023, The National Labor Relations Board (“NLRB”) issued a decision (McLaren Macomb, 372 NLRB No. 58 (2023)), in which it…
Illinois Supreme Court Decision Exposes Companies to Potentially Catastrophic Damages For BIPA Violations
Executive Summary On Friday, the Illinois Supreme Court held in Cothron v. White Castle Systems, Inc. that a separate claim for damages…
New OSHA Enforcement Guidance Imposes More Stringent Penalties Against Employers
Executive Summary On January 26, 2023, The U.S. Department of Labor (“DOL”) announced new enforcement guidance changes that will…
Masuda Funai Employment Newsflash: Michigan Paid Sick Leave - No Changes Required
On January 26, 2023, the Michigan Court of Appeals reversed the July 19, 2022, opinion and order of the Michigan Court of Claims that held…
Updates to Federal Protections for Pregnant and Nursing Employees
Executive Summary On December 29, 2022, the Pregnant Worker Fairness Act (“PWFA”), and the Providing Urgent Maternal Protections for…
Masuda Funai Employment Newsflash: New Illinois Legislation Will Require Private Employers to Provide Paid Leave for Any Reason
On January 10, 2023, the Illinois Legislature passed the Paid Leave for All Workers Act (“PLFAW Act” or the “Act”) which, once signed by…
Masuda Funai Employment Newsflash: FTC Proposes Rule to Ban Non-Competes
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would functionally…
Masuda Funai Employment Newsflash: Illinois Employment Law Updates for 2023
The New Year will usher in several key amendments and new employment laws that cover a myriad of topics. Below are some highlights of what…
UPDATE Department of Labor Proposes "New" Rule on Determining Independent Contractor Status
Executive Summary UPDATE: On October 25, 2022, the U.S. Department of Labor extended the original 45 day comment period for this proposed…
Department of Labor Proposes "New" Rule on Determining Independent Contractor Status
Executive Summary On October 11, 2022, the U.S. Department of Labor (“DOL”) issued a proposed rule to revise the current test for…
California Newsflash - Salary Ranges on Job Postings and Upon Employee Request (Beginning January 1, 2023)
On Tuesday, September 27, 2022, California Governor Gavin Newsom signed SB 1162 into law. In addition to new pay data reporting…
Illinois CROWN Act Prohibits Hair Discrimination
Executive Summary On June 29, 2022, Governor JB Pritzker signed into law Senate Bill (SB) 316, the “Create a Respectful and Open…
Notice To Employers: CDC Relaxes Quarantining and Isolation Recommendations
Executive Summary On August 11, 2022, the Centers for Disease Control and Prevention (CDC) issued new COVID-19 guidance which impacted…
Excluding Pregnant Workers from Light Duty Does Not Necessarily Violate the Pregnancy Discrimination Act
An employer can lawfully require pregnant employees with lifting and other restrictions to go on leave and deny temporary light duty work…
A Beneficiary Form is the Most Important Employee Benefit Form
The most important form in all of employee benefits is an individual employee’s life insurance and/or 401(k) plan beneficiary form(s). In…
Masuda Funai Employment Newsflash - Update: Michigan Minimum Wage and Sick Pay Court Grants Stay Through February 19, 2023
Last Wednesday, we reported that the Michigan Court of Claims concluded that the “adopt-and-amend” process that the Michigan Legislature…
Michigan Court Voids the State's Current Minimum Wage and Sick Pay Acts
On July 19, 2022, the Michigan Court of Claims concluded that the “adopt-and-amend” process that the Michigan Legislature used to enact the…
Mental Health in the Post-Pandemic Workplace: 3 Things Employers Should Consider
Executive Summary The Coronavirus pandemic has impacted our collective mental health. Employees have lost loved ones, connections to…
Illinois Extends Unpaid Leave to Employees for Pregnancy and Adoption Losses
Author: Naureen Amjad Co-Author: Kelsey Yates (Summer Associate) Executive Summary On June 9, 2022, Governor JB Pritzker signed into…
Masuda Funai Employment Newsflash – Effective Date of New York City's Pay Transparency Law Delayed Until November 2022
New York City’s pay transparency law was originally set to take effect on May 15, 2022; however, it will now be delayed until November 1…
"Wage-Fixing" and "No Poach" Arrangements Remain Illegal, Despite Recent DOJ Trial Losses
As previously reported, the U.S. Department of Justice (“DOJ”) has made good on its warnings to pursue criminal antitrust charges against…
Florida Employers Must Review Workplace DEI Trainings Under New Law
Executive Summary On April 22, 2022, Florida Governor Ron DeSantis signed into law the “Stop WOKE” Act (HB 7) (the “Act”), which…
Masuda Funai Employment Newsflash - New York Employers Must Provide Notice Before Monitoring Email or Internet Use
Beginning May 7, 2022, employers in New York who monitor or otherwise intercept telephone conversations or transmissions, electronic email…
Masuda Funai Employment Newsflash - Field Service Engineers Are Entitled to Overtime Pay
Many companies employ field service engineers/technicians who travel throughout the United States installing, maintaining, and repairing a…
Masuda Funai Employment Newsflash - Sick of State and Local Paid Sick Leave
For employers with employees in multiple states or cities, designing a uniform paid sick leave policy that treats all employees equally is…
Masuda Funai Employee Benefits Newsflash - Leaves of Absence and Group Insurance Termination
When considering whether to approve an employee’s leave of absence request or upon learning that an employee will be away from work for an…
Three COVID-19 Employment Issues in 2022 All HR Managers Should Consider
As we begin 2022, three issues will continue to demand the attention of human resource professionals and management. Regardless of company…
Masuda Funai Employment Newsflash - What Employers Should Know About the EEOC's Updates to Religious Accommodation and Vaccine Mandate Guidance
On March 1, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on religious accommodations and COVID-19…
Masuda Funai Employee Benefits Newsflash - Life Insurance Conversion, the Forgotten Option
When employees separate from employment, companies generally remember to provide such employees with information about continuing their…
Employees May Now Bypass Pre-Dispute Arbitration and File Their #MeToo Claims in Court
UPDATE On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…
California Requires COVID-19 Supplemental Paid Sick Leave In 2022
Executive Summary On February 9, 2022, Governor Gavin Newsom signed into law, Senate Bill 114, the 2022 California COVID-19…
New Illinois Equal Pay Act Reporting for Large Employers Starts March 24, 2022
Last year, Illinois updated the Illinois Equal Pay Act (“IEPA”) by enhancing reporting and compliance requirements for private businesses…
Three Group Insurance Issues You May Have Missed
In late 2021 and early 2022, three issues affecting group health insurance became law. To ensure you remain in compliance, we have…
Masuda Funai Employee Benefits Newsflash - Supreme Court Rules in Northwestern University's Retirement Plans Case
On Monday, January 24th, in a unanimous decision, the Supreme Court of the United States vacated and remanded Northwestern University’s…
Leaning Forward Into 2022 - Issues You May Have Missed
During 2021, three issues demanded the attention of human resource professionals and management. In 2022, we expect these same three issues…
Masuda Funai Employment Newsflash - Supreme Court Blocks OSHA Vaccine or Testing Mandate
Hours ago, the Supreme Court of the United States found that the States, businesses, and nonprofit organizations that sought emergency…
Masuda Funai Employment Newsflash - NYC Employers May Soon Be Forced to Disclose Salary Ranges in Job Postings
New York City may soon join a growing number of states and localities which require employers to include salary ranges within job postings…
Employers at Risk of Criminal and Civil Liability for "Wage-Fixing" and "No Poach" Agreements
Executive Summary On November 30, 2021, a federal court in Texas refused to dismiss the U.S. Department of Justice’s (“DOJ”) very…
Masuda Funai Employment Newsflash – 6th Circuit Dissolves Stay, Employers With 100 or More Employees Must Comply
On Friday, December 17, 2021, the United States Court of Appeals for the Sixth Circuit (the “6th Circuit”) dissolved the Fifth Circuit’s…
Masuda Funai Employment Newsflash - OSHA's COVID Emergency Temporary Standard Assigned to the Sixth Circuit
The legal fight over OSHA’s COVID Emergency Temporary Standard (“ETS”), which requires companies with 100 or more employees to implement a…
Masuda Funai Employment Newsflash - 5th Circuit Orders OSHA Not to Implement or Enforce Its Vaccination Mandate
On November 13, 2021, the United States Court of Appeals for the Fifth Circuit (the “5th Circuit”) granted the petitioners’ motion for a…
How Will Vaccination Mandates Affect Your Company?
On September 9, 2021, President Biden announced a six-pronged plan to combat COVID-19 and to save more lives, while keeping schools open…
Masuda Funai Employment Newsflash - 5th Circuit Stays Enforcement of OSHA's Vaccination Rule
Background: As we alerted you last Thursday, OSHA published its long-awaited COVID-19 Vaccination and Testing Emergency Temporary Standard…
Masuda Funai Employment Newsflash - OSHA Announces Vaccination Requirements for Employers With 100 or More Employees
Today, OSHA announced its long-awaited COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The ETS requires employers with…
Masuda Funai Employment Newsflash - Annual Sexual Harassment Prevention Training (SCHEDULING REMINDER)
The Illinois Workplace Transparency Act (“Act”) requires all companies with Illinois-based employees to provide sexual harassment…
Masuda Funai Employment Newsflash - Federal Contractor and Subcontractor Employees Must Be Vaccinated
On September 9, 2021, President Biden issued an Executive Order that requires federal contractor and subcontractor employees to be…
Masuda Funai Employment Newsflash - President Biden Imposes COVID-19 Vaccinations or Weekly Testing for Millions of Workplaces
On September 9, 2021, President Biden introduced a COVID-19 Action Plan (“Plan”) which mandates the COVID-19 vaccination or weekly testing…
Masuda Funai Benefits Newsflash (Updated) - ARPA COBRA Subsidy - Final Notice: Deadline on September 15, 2021
Assistance Eligible Individuals (“AEIs”) who elect COBRA continuation coverage do not pay any COBRA continuation premiums during the period…
Masuda Funai Employment Newsflash - Governor J.B. Pritzker Signed Amendments Affecting Non-Competition and Non-Solicitation Agreements
On August 13, 2021, Illinois Governor J.B. Pritzker signed amendments to the Illinois Freedom to Work Act (“IFWA”) requiring all Illinois…
Masuda Funai Employment Newsflash - OSHA issues New Guidance on COVID-19
On Friday, August 13, 2021, OSHA issued its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Guidance”). In…
Remote Work Post-COVID-19: Consider A Remote Work/Telecommuting Policy
In March 2020, companies of every size and in every industry quickly directed employees to work remotely in response to the COVID-19…
Masuda Funai Employment Newsflash – Companies Cannot Agree Not to Hire Each Other's Employees
On July 9, 2021, President Biden issued an executive order that called on the Department of Justice and the Federal Trade Commission to…
Masuda Funai Benefits Newsflash - Internal Revenue Service Updates 401(k) Plan Correction Program
On July 16, 2021, the Internal Revenue Service (“IRS”) published Revenue Procedure 2021-30, which makes significant improvements to the…
Illinois Imposes New Restrictions on Employers Utilizing Non-Competition and Non-Solicitation Agreements
Co-Author: Reika Nakayama (Summer Associate) Executive Summary The Illinois General Assembly recently passed amendments to the…
Protecting Employee Retirement Savings from Cyber Criminals
Companies that sponsor 401(k) plans have a fiduciary obligation to protect the individual retirement accounts of their employees from cyber…
Recent Changes in Labor Laws May Require Immediate Action for Companies with Operations in Mexico
Executive Summary Businesses that maintain operations in Mexico may need to take immediate action with respect to their workforce as…
Employees Working from Home – How Should Companies React?
Executive Summary With the country reopening due to the lessening of COVID-related restrictions, companies and employees are returning…
Masuda Funai Employment Newsflash - Improper Use of an Employee's Fingerprints, Eyes or Face UPDATED
Earlier this year, we published the below summary of the Illinois Biometric Information Privacy Act (“BIPA”). Because of increased…
Masuda Funai Benefits Newsflash - Free COBRA April 1, 2021 through September 30, 2021; Notices Released
Assistance Eligible Individuals (“AEIs”) who elect COBRA continuation coverage do not pay any COBRA continuation premiums during the period…
New Changes to U.S. Employment Laws Expected by the Biden Administration
Executive Summary The new Biden Administration will have a profound impact on employees’ rights and companies’ responsibilities and…
Masuda Funai Benefits Newsflash - New COBRA Subsidy; Special Enrollment Required
On March 11, 2021, President Biden signed The American Rescue Plan Act of 2021 (“ARPA”) into law. Among other employee benefit provisions…
Masuda Funai Employment Newsflash - American Rescue Plan Act is Now in Force
The American Rescue Plan Act is now in force. Signed by President Biden, one section impacts employers who voluntarily want to provide paid…
Masuda Funai California Newsflash - California Prohibits the Rounding of Time for Meal Periods
California employers must generally provide employees with one 30-minute meal period that begins no later than the end of the fifth hour of…
Equal Opportunity Requirements for Government Contracts
Executive Summary With the Biden Administration’s stated goal of advancing equity in government contracting operations, businesses…
Masuda Funai Benefits Newsflash - Plan Documents and Summary Plan Descriptions
All companies, regardless of size, that sponsor a welfare plan (life, medical, dental, disability, vision, etc.) must ensure that (1) these…
Masuda Funai Employment Newsflash - Reimbursing Remote Employee Expenses
As employees continue to work remotely, companies must ensure that employees are being reimbursed for business-related expenses, including…
DOL Modifies Enforcement Policies in Light of Remote Working
Executive Summary In the waning days of the Trump administration, the Department of Labor (DOL) has been busy. Recognizing that the…
Can Companies Require the COVID Vaccination? - Yes, With Exceptions
Executive Summary On December 16, 2020, the Equal Employment Opportunity Commission answered the question everyone has been asking…
Time's Running Out – Have You Conducted Anti-Harassment Training?
Executive Summary Time is running out! By December 31, 2020, every company with employees in Illinois must present a training program…
Human Resources Professionals: Reducing Your Personal Liability In 401(k) Plan Administration
Executive Summary Many human resources professionals administer their employer’s 401(k) plan (and health and welfare plans) and may…
Department of Labor and Economic Opportunity Issues Emergency Rules for Businesses
Executive Summary Since the beginning of the COVID-19 pandemic, Governor Gretchen Whitmer has issued numerous executive orders that…
California Requires Employers with Five or More Employees to Provide 12-Weeks of Leave
Executive Summary On September 17, 2020, California Governor Newsom signed SB 1383 into law significantly expanding eligibility for…
Department of Labor Announces Economic Realities Test to Determine Status as Independent Contractor or Employee
Executive Summary On September 22, 2020, the U.S. Department of Labor (“DOL”) published, for review and comment, a proposed rule that…
Unionized Employees Vote Union Out!
Executive Summary Unionized employees have the right to and do vote to end their representation by a union. By executing a proven and…
TEMPORARY Safe Harbor 401(k) Plan Mid-Year Amendment Relief
Executive Summary Internal Revenue Service (“IRS”) Notice 2020-52 provides clarification that mid-year changes to reduce or suspend…
OSHA Provides Additional Guidance on Returning to Work
Executive Summary On June 17, 2020, the Occupational Safety and Health Administration (“OSHA”) published its latest guidance on…
COVID-19 Sent Many Employees Home to Work Remotely - Remember to Reimburse their Expenses
Executive Summary Illinois law requires employers to reimburse employees for work-related expenses, subject to certain restrictions…
Opening Up Your Workplace Again - Part 7
Executive Summary On Thursday April 16, 2020, President Trump unveiled his “Guidelines for Opening Up America Again” (the…
Opening Up Your Workplace Again - Part 6
Executive Summary On Thursday April 16, 2020, President Trump unveiled his "Guidelines for Opening Up America Again" (the…
Opening Up Your Workplace Again - Part 5
Executive Summary On Thursday April 16, 2020, President Trump unveiled his "Guidelines for Opening Up America Again" (the…
Opening Up Your Workplace Again - Part 4
Executive Summary On Thursday April 16, 2020, President Trump unveiled his "Guidelines for Opening Up America Again" (the…
Opening Up Your Workplace Again - Part 3
Executive Summary On Thursday April 16, 2020, President Trump unveiled his "Guidelines for Opening Up America Again." The Centers for…
Employers Must Provide Face Coverings and Require Employees to Wear Them When Maintaining Social Distancing is Not Possible at All Times
Executive Summary Late yesterday afternoon Governor Pritzker issued Executive Order 2020-32 (“EO”), which generally requires all…
Opening Up Your Workplace Again - Part 2
Executive Summary On Thursday April 16, 2020, President Trump unveiled his "Guidelines for Opening Up America Again" (the…
How Japanese Owned U.S. Subsidiaries Can Avoid Common Mistakes When Applying for the Second Round of the U.S. Government's Paycheck Protection Program ("PPP") Loans
Executive Summary The U.S. government’s Paycheck Protection Program (“PPP”) announced the release of a second round of loan funds to…
Opening Up Your Workplace Again
Executive Summary On Thursday April 16, 2020, President Trump unveiled his “Guidelines for Opening Up America Again” (the…
How Illinois-Based Japanese Essential Businesses and Manufacturing Companies Will Be Affected under the Illinois Extended Stay-at-Home Order
Executive Summary Illinois Governor J.B. Pritzker announced on April 23, 2020, that the Illinois stay-at-home order will be extended…
Payroll Protection Program SBA Loans UPDATED
Executive Summary Small businesses with no more than 500 employees may take advantage of expanded eligibility criteria for the Small…
President Signs $2 Trillion Dollar Stimulus Into Law - Key Provisions and Implications for Employers
Executive Summary On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES…
Coronavirus Relief Bill Update
Executive Summary Under the mandate of the Families First Coronavirus Response Act (“Act”), the U.S. Department of Labor (“DOL”)…
President Signs Coronavirus Relief Bill
Executive Summary Families First Coronavirus Response Act (H.R. 6201) President Trump signed into law the Families First Coronavirus…
COVID-19: Employer Responsibilities and Employees' Rights
As every company confronts the coronavirus, their owners, officers, and human resource professionals are confronting a new landscape…
UPDATED: COVID-19 Employment Alert
HOUSE PASSES CORONAVIRUS RELIEF BILL THIS WEEKEND SENATE AND PRESIDENT STILL NEED TO CONSIDER Families First Coronavirus Response Act…
Latest Form I-9, Employment Eligibility Verification, Version Released
On Friday, January 31, 2019, the U.S. Citizenship and Immigration Services (USCIS) issued a new Form I-9, Employment Eligibility…
New 2020 Employment Laws Affecting California Employers
Executive Summary California has welcomed the new year with numerous new employment laws. The following five (5) laws are summaries of…
Union Members Vote Out Union
Executive Summary In an unusual situation, an employer filed a request with the federal government to allow its employees the right to…
Is Your Company Ready for Your Employees Using Marijuana and Other New Illinois and Federal Laws for 2020?
Executive Summary On October 23, 2019, Masuda, Funai, Eifert & Mitchell, Ltd.’s Employment, Labor & Benefits Practice Group presented a…
California Extends Deadline to Comply with Anti-Harassment Training Requirements
Executive Summary In California, covered employers are required to provide anti-harassment training to all of its employees. A new law…
A Toke of Marijuana/Cannabis is No Joke for Employers
Legalization of cannabis in many states for recreational and medicinal use is creating uncertainty for many employers. Can an employer have…
Prepare to Comply with Illinois' New Anti-Harassment Laws
Executive Summary The Illinois Legislature and Governor JB Pritzker have responded to the #MeToo Movement with important new…
Illinois Employers Can No Longer Seek Salary History as of September 29, 2019
For years, employers have used application forms that solicit the applicant’s salary history and have routinely sought such information as…
Are You Using the Correct Severance Agreements?
Executive Summary Severance agreements are a vital part of every company’s Employment Law Toolkit. Executives should not download…
Does Your Indiana Workforce Wear Uniforms? If so, Payroll Deduction May be For You!
Executive Summary Effective May 1, 2019, Indiana employers may deduct from an employee’s paycheck the cost of renting uniform shirts…
New Unlawful Workplace Practices in California
Author: Asa Markel Co-Author: Miho Lee (Law Clerk) Executive Summary California’s Fair Employment and Housing Act (“FEHA”) prohibits…
Employers May Not Delay Designating FMLA Leave or Expand FMLA's 12-week Statutory Entitlement, DOL Says
Executive Summary The Wage and Hour Division of the U.S. Department of Labor (“WHD”) recently released an opinion letter addressing…
Non-Solicitation of Employees
Executive Summary In California, courts have found unenforceable provisions in employment agreements restricting competition and the…
Are You Ready for the Michigan Paid Medical Leave Act?
Executive Summary Outgoing Michigan Governor Rick Snyder signed into law the Michigan Paid Medical Leave Act (the “Act”) in December…
Drafting Mistakes Sink an Arbitration Agreement
Executive Summary Clients are contacting our Firm to draft arbitration agreements for their employees. Some clients are finding sample…
Make Sure Your Arbitration Agreement is Enforceable
Executive Summary After last year's Supreme Court's ruling approving arbitration agreements, many companies are requiring its…
Illinois Supreme Court Issues Ruling in Landmark Biometric Information Privacy Case
Executive Summary The Illinois Supreme Court's recent ruling that actual harm is not required to establish a cause of action for a…
Termination of "Startled" Employee After Supervisor Expressed Desire to Strangle Her Was Not Wrongful
Executive Summary Under the Americans With Disability Act (“ADA”), an employer can be liable for failure to accommodate a qualified…
The Department of Labor is Reviewing Your 401(k) Form 5500 and Encouraging Voluntary Correction
Executive Summary 401(k) plan sponsors are receiving letters from the U.S. Department of Labor’s (“DOL”) Employee Benefits Security…
California Law: Non-Hire Clauses in a Land Without Non-Competes
Executive Summary By now, many HR professionals are aware that §16600 of the California Business and Professions Code expressly…
California Redefines Independent Contractor
Author: Asa Markel Co-Author: Miho Lee (Law Clerk) Executive Summary The California courts recently ruled in favor of employees who…
United States Supreme Court to Continue String of Arbitration Related Decisions
The United States Supreme Court remains active during this fall’s term in determining employers’ rights and obligations when companies…
Ninth Circuit Rules that Requiring Disabled Job Applicant to Pay for Post-Offer MRI Violates the ADA
Executive Summary Consider this scenario: Your team previously interviewed a job applicant for an open position at your company. The…
Workplace Privacy in California
Author: Asa Markel Co-Author: Miho Lee (Law Clerk) Executive Summary California recently passed one of the strictest data privacy…
Trimming the Employer's Arguments, the Seventh Circuit Upholds Claim of Male-on-Male Harassment under Title VII
Executive Summary While there have been cases where conduct was found to be “sexual horseplay” that could give rise to tort liability…
Buyer Beware of Pension Plan Withdrawal Liability
We have written before on our experience, generally, with the 4 main areas of successor liability that can arise in asset acquisitions in…
Keeping the Foreign Parent Corporation Out of Legal Trouble
Executive Summary A subsidiary of a foreign parent corporation should try to protect the parent from liability under America’s…
Sexual Harassment Prevention Training Redefined, Again
Author: Asa Markel Co-Author: Miho Lee (Law Clerk) Executive Summary California employers with 50 or more employees are required to…
Your Part-Time Employees May Be Eligible For Your Company's 401(k) Plan
Executive Summary Although part-time employees are not likely eligible for a company’s group health plan because they work fewer than…
California Court of Appeals Confirms that One Class Action is Enough
Executive Summary The California Court of Appeal’s decision in Shine v. Williams-Sonoma reiterates that all claims relating to…
Salary History Inquiry is a Thing of the Past in California
Author: Asa Markel Co-Author: Miho Lee (Law Clerk) Executive Summary California’s newly added Labor Code section 432.3, which became…
Insurance Carrier Certificates of Insurance Do Not Meet the Content Requirements for a Summary Plan Description
Executive Summary The Employee Retirement Income Security Act (“ERISA”) requires that most employee benefit plans automatically…
Non-Compete Found so Overbroad as to be Unenforceable and Unfixable
Executive Summary Recently, a former employer sought injunctive relief against a former executive whom it claimed had violated his…
California Supreme Court Redefines Bonus Pay Calculation
Author: Asa Markel Co-Author: Miho Lee (Law Clerk) Executive Summary The California Supreme Court’s recent ruling in Alvarado v. Dart…
DOJ Announces First-of-its-Kind Settlement Regarding "No-Poach" Agreement
On April 3, 2018, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced that it filed a civil antitrust lawsuit…
Advisory Council on Employee Welfare and Pension Benefits Provides Report on Plan Notices and Disclosures
In November 2017, the Advisory Council on Employee Welfare and Pension Benefit Plans (the “Council”) issued a report to the Department of…
U.S. Supreme Court Announces New Standard for Interpreting FLSA Exemptions
Executive Summary Rejecting a ruling by the United States Court of Appeals for the Ninth Circuit and nearly fifty years of prior court…
401(k) Service Providers Owe No Fiduciary Duty with Respect to Negotiating Their Fee Compensation
Executive Summary Following the findings expressed in three other Circuits, the United States Court of Appeals for the Ninth Circuit…
New Rules for Drafting Employee Handbooks
As one of its first rulings sweeping aside decisions by President Obama’s National Labor Relations Board (“Labor Board”), President Trump’s…
Terminated CEO's Complaints to the Board Not Protected "Whistleblowing" As No Requirement Under Federal Law to Report Every "Managerial Hiccup"
Executive Summary The Sarbanes-Oxley Act of 2002 forbids publically traded companies from retaliating against an employee for any…
2018 ELBG Webinar Series
Masuda Funai is pleased to announce our 2018 Webinar Series, entitled “The Employment Life of Robert Rightman.” In four, one-hour long…
BENEFITS EDGE "Information is Power": IRS Starting to Send Penalty Notices Under the Affordable Care Act
IRS STARTING TO SEND PENALTY NOTICES UNDER THE AFFORDABLE CARE ACT By Mary W. Shellenberg EXECUTIVE SUMMARY: Recently, the IRS updated…
Employment, Labor & Benefits Update - November 2017
Update on the Overtime Rule By Frank Del Barto On Monday, October 30, 2017, the U.S. Department of Labor ("DOL") announced plans "to…
Employment, Labor & Benefits Update - October 2017
Message from the Chair On behalf of the Employment, Labor & Benefits Practice Group, I want to thank all clients and friends who attended…
Employment, Labor & Benefits Update - September 2017
Salaried Non-Exempt Employees Can Create Risk By Frank Del Barto Recently, the U.S. Department of Labor's ("DOL") Wage and Hour Division…
Employment, Labor & Benefits Update - August 2017
SAVE THE DATE: September 28, 2017 - Annual Seminar On Thursday, September 28, 2017, the Employment, Labor and Benefits group will hold its…
Employment, Labor & Benefits Update - July 2017
SAVE THE DATE: September 28, 2017 - Annual Seminar On Thursday, September 28, 2017, the Employment, Labor and Benefits group will hold its…
Employment, Labor & Benefits Update - June 2017
Masuda Funai's Attorneys Speak on Employment and Benefits Matters Advertised in Crain's Chicago Business, Alan M. Kaplan and Frank J. Del…
Employment, Labor & Benefits Update - April 2017
Discrimination: Chicago Appellate Court Rules that Sexual Orientation is Sex Discrimination By Alan M. Kaplan After the United States…
Employer Outsmarts Itself and Loses Over $5 Million
Juanita Berry worked as Vice President of Major Accounts for Telamon Corporation, an Indiana telecommunications company. Using her…
Employment, Labor & Benefits Update - March 2017
IRS Publishes Substantiation Guidance for 401(k) Hardship Distributions By Frank J. Del Barto On February 23, 2017, the Acting Director of…
Employment, Labor & Benefits Update - February 2017
Annual Seminar Reminder MFEM's Immigration Group will hold its 2017 Annual Immigration Law Update Seminar on Friday, February 24, 2017, at…
Employment, Labor & Benefits Update - January 2017
Wage and Hour - All Of Our Employees Are Paid A Salary By Frank J. Del Barto As we begin 2017, it is often valuable to review lessons…
Employment, Labor & Benefits Update - December 2016
Upcoming Webinar In January, we will present a complimentary webinar entitled "Post-Election HR Management Outlook." We plan to discuss a…
BREAKING NEWS – Court Grants Nationwide Injunction Enjoining Implementation and Enforcement of Final Salary Level Rule
Executive Summary In a potentially disruptive decision, Judge Amos L. Mazzant issued a preliminary injunction that prevents the Department…
Employment, Labor & Benefits Update - November 2016
Human Resources Professionals Beware - Antitrust Laws Don't Just Apply to Sales Terms By Nancy E. Sasamoto Your company has trained your…
Employment, Labor & Benefits Update - September 2016
Important Developments in Illinois Employment, Labor and Benefits Law By Frank Del Barto Illinois Employee Sick Leave Act Expands Usage…
Employment, Labor & Benefits Update - August 2016
The Seventh Circuit Affirms: No Federal Protection from Sexual Orientation Discrimination Without Action by the U.S. Supreme Court or…
Employers Must Provide a Notice of Immunity in Any Contract or Agreement that Governs the Use of Trade Secrets or Confidential Information
Executive Summary: On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA") into law. Under the DTSA, trade…
Employment, Labor & Benefits Update - June 2016
Department of Labor Releases Final Rule Increasing Salary Level Required for White-Collar Exemptions under the Fair Labor Standards Act By…
BREAKING NEWS – ACTION REQUIRED: Final Salary-Level Rule is Released
All Employers Must Review Exempt Salary Levels to Ensure Compliance Sign-up For a Webinar Executive Summary: This morning, the U.S…
Employment, Labor & Benefits Update - May 2016
New Act, New Remedies: DTSA To Provide Additional Protection for Trade Secret Owners and Whistleblowers By Nancy Sasamoto With President…
Employment, Labor & Benefits Update - April 2016
California Supreme Court Delivers Good News for Employers With Respect to Arbitration Agreements By Jiwon Juliana Yhee Plaintiff Maribel…
Employment, Labor & Benefits Update - March 2016
Health Care Reform: Reducing Employee Hours to Avoid the ACA is No Game By Frank Del Barto On February 9, 2016, the U.S. District Court for…
Employment, Labor & Benefits Update - February 2016
Employment – New Guidance Makes Clear That DOL Will Look For, and Likely Find Joint Employment Under FLSA By Nancy Sasamoto Last July…
Employment, Labor & Benefits Update - January 2016
Employment – A Limitation on the Enforceability of Forum-Selection Clauses in California By Jiwon Juliana Yhee Executive Summary: In…
Employment, Labor & Benefits Update - December 2015
Employment – Overtime Rule to Be Finalized in July 2016 By Frank J. Del Barto In August 2015, we reported that the U.S. Department of Labor…
IMPORTANT YEAR-END REMINDER
If You Have 50 or More Employees (or Full-Time Equivalents) or You Are Self-Insured, You Must Report Certain Information To The IRS and…
Employment, Labor & Benefits Update - October 2015
Employment—Reliance on E-law Website May Support Finding of Willfulness Under the FLSA By Jiwon Juliana Yhee In Miles v. HSC-Hopson…
Do You Need the Ever Ready Anti-Union Campaign?
Does your company employ 2 or more employees? Have there been issues with paychecks? Supervisors? Anger about policy changes? Is there a…
Proposed Rule Would Require Overtime Pay For All Workers Earning Less Than $50,440 Per Year
Executive Summary: The U.S. Department of Labor ("DOL") issued a Proposed Rule that seeks to increase the salary level required for an…
Noncompete Unenforceable Where Employee Worked Less Than 2 Years
Executive Summary: Many companies utilize noncompete agreements to prevent former employees from going to work for a competitor. For a…
Fiduciaries Have a Continuing Duty to Monitor 401(k) Plan
Executive Summary: Recently, the U.S. Supreme Court confirmed in unanimous decision (9-0) that 401(k) plan fiduciaries have a continuing…
U.S. Supreme Court Unanimously Vacates and Remands Case Due to EEOC's Lack of Conciliation Efforts
Executive Summary: Before suing an employer for discrimination, the Equal Employment Opportunity Commission ("EEOC") must try to remedy…
Understanding the Process: A Guide to the National Labor Relations Act
Executive Summary: More and more, the National Labor Relations Board is becoming an important government agency for companies whose…
Workers' Compensation and COBRA Coverage: The Forgotten Employer Obligation
Executive Summary: Employers fail to offer COBRA continuation notices to qualified beneficiaries for any number of reasons. However, with…
Employee Handbooks Must be Updated to Comply with Illinois and/or California Laws
Executive Summary: New Illinois and California laws require most companies to post new notices and draft new policies for their employee…
Have You Implemented the Ever Ready Anti-Union Campaign?™
The National Labor Relations Board has issued final regulations helping unions to organize employees faster and easier. The regulations…
EEOC's Failure to Engage in Conciliation Results in Dismissal of the CVS Case
As we discussed at our Annual Employment, Labor and Benefits Seminar on October 2, recently, the EEOC has been attacking severance…
Japanese Parent May Be Jointly Liable with its Subsidiary
Todd Brown worked in the New Business Development Group for Daikin America, Inc. ("DAI"), a wholly owned subsidiary of Daikin Industries…
Insurance Premium Rebates, Can The Company Keep The Money?
Maybe. Recently, several clients have received large premium rebate checks from their group health insurance company and have asked for…
Questions From Our Clients
Q: Do I violate criminal law by not correctly implementing the Illinois Conceal Carry Law? A: No. The law is a criminal statute directed at…
FMLA: Caring for an Adult Child
Recently, the United States Court of Appeals for the Seventh Circuit reminded us that the Family and Medical Leave Act ("FMLA") provides…
ERISA: ESOP Fiduciaries Are Not Entitled to a "Presumption of Prudence"
Last week, in one of its final opinions of the term, the Supreme Court of the United States (the "Court") held that ESOP fiduciary…
ERISA: Delinquent Form 5500 Filers Must Also File With the IRS
Plan sponsors who fail to file Form 5500 annual reports are subject to penalties under ERISA and the Internal Revenue Code (the "Code")…
Updated Model COBRA Forms Highlight ACA Marketplace Options
On May 7, 2014, the U.S. Department of Labor issued proposed regulations to revise the COBRA Notice requirements t`o reflect the changes…
Site Selection and Union Avoidance
ABC Manufacturing Co. had a choice to build its American factory in either Illinois or Indiana. It selected Columbus, Indiana, believing…
IRS Issues Guidance on Same-Sex Marriages for Qualified Plans
At long last, on April 4, 2014, nearly 10 months after the U.S. Supreme Court decision in United States v. Windsor, the IRS has released…
Is the EEOC Confused?
The Equal Employment Opportunity Commission ("EEOC") appears to be giving cross-signals. The EEOC is the agency of the federal government…
How Northwestern University Has Reacted to the NLRB's Decision and What May Happen
[Editor's Note: Alan is both a graduate of Northwestern University and a former hearing officer and prosecuting attorney in Chicago's…
EEOC Attacks Severance Agreements
Every year, employers should audit their employment agreements, especially the separation, settlement and severance agreements they use…
A Million Dollar Problem: Paying Field Service Engineers Improperly
Many clients employ Field Service Engineers ("FSEs") who install, service and repair a wide range of machinery (i.e., printing presses…
Health Care Reform: More Changes Issued
On Monday, February 10, 2014, the IRS issued final regulations relating to the employer mandate. Currently, Masuda Funai is reviewing the…
No-Gossip Policy Violates Federal Law
Gossip is a terribly destructive action by employees and hurts morale and productivity. As a result, employers properly want to restrict…
Failing to File a Form 5500 Annual Report
Generally, 401(k) plan sponsors must file a Form 5500 Annual Report by the last day of the seventh month after the plan year ends using the…
I Am Reluctant to Call My Lawyer
Across the country, clients are increasingly reluctant to call their lawyers because of the high costs associated with the delivery of…
The Top 6 Employment Challenges of 2014
Are companies ready for 2014? Last year, we saw several significant changes and reminders to lessen the risks of suit. Here is our list of…
Obamacare: We Received a Check From Our Insurance Company. Can We Keep The Money?
On March 23, 2010, the Patient Protection and Affordable Care Act ("PPACA") added Section 2718 to the Public Health Services Act ("PHSA")…
Mergers & Acquisitions – Union Due Diligence
[Editor's Note: Mr. Kaplan was a prosecuting attorney and hearing officer at the National Labor Relations Board prior to joining Masuda…
California – Substantial Motiving Reasons for Discrimination
On August 21, 2013, California's Second District Appellate Court ruled that the proper standard of causation is whether discrimination or…
Ten Steps to Avoid Liability in Terminations
[Editor's Note] Alan M. Kaplan and Frank J. Del Barto gave a joint presentation to HRoundtable, a networking group for human resource…
Chicago Man Stabs Union Rat Balloon
Source: Daily Herald – July 12, 2013 When unions want to inform the public of a dispute with a company, they are increasingly using giant…
Illinois Enacts Concealed Carry Employment Policies
Now that Illinois has enacted a concealed carry law, a number of clients have asked for policies regarding their employees and visitors…
Illinois Legalizes the Possession of a Concealed Handgun
Executive Summary On July 9, 2013, Public Act 98-63, The Firearm Concealed Carry Act (the "Act") became law. With its passage, Illinois…
UNIONS: Unlocking the Mystery of Right-to-Work Laws
When companies select a site to locate in the United States, one of the considerations is union avoidance. Many companies want to locate in…
Reminder:First PCORI Fee Due July 31, 2013 For Calendar Year Plans
The Affordable Care Act ("ACA") imposed a new fee on plan sponsors and issuers of individual and group policies to fund the…
Workplace Investigations – When May a Company Require Confidentiality?
An employee complains about sexual harassment. Another employee is accused of embezzlement. At the end of their conversations with the…
California Employment Law: Anatomy of a Court of Appeal Case
Employment law changes through two primary methods: legislation and appellate court decisions. However, reading and interpreting either a…
Form I-9: New Form Issued and Must Be Used
The U.S. Citizenship and Immigration Services (USCIS) released a new version of the Employment Eligibility Verification Form I-9. Prior…
Reasonable Accommodations for Employees with Multiple Sclerosis - What Does the Law Require?
With an estimated 400,000 people diagnosed with multiple sclerosis ("MS") in the United States, it is not surprising that legal issues have…
WAGE & HOUR – Compensatory Time Off: Mistakes and Solutions
Some companies do not want to pay overtime to their California employees when they work more than 40 hours in a work week or more than 8…
FLSA: Buyer of Assets Beware – Or You Might Get "Teed" Off
The purchaser of a company's assets has been held liable for the company's alleged violations of the Fair Labor Standards Act by virtue of…
California: Payment of Final Pay
The United States is unique in the developed world in allowing businesses to hire workers on an at-will basis. This at-will employment…
Illinois: Report from Springfield, Illinois
The Illinois House of Representatives and Senate committees have now approved the following bills, which will impact all employers in…
California: Employers Can Defend Findings of Discrimination by Proving Separate Legitimate Reasons
In its recent decision in Harris v. City of Santa Monica, No. S181004 (Cal. Feb. 7, 2013), the California Supreme Court held that the…
FMLA: There Is No Such Thing as FMLA Light Duty
Recently, the U.S. Court of Appeals for the 7th Circuit affirmed summary judgment for the employer in a case where an employee filed suit…
Report from Springfield and Government Agencies
In Springfield The Illinois State Legislature will be considering several employment laws. The Workplace Violence Prevention Act allows…
U.S. Department of Labor Is Investigating Group Health Insurance Plans
1. The DOL Is Conducting Plan Audits. Recently, a client received a letter from the U.S. Department of Labor ("DOL") notifying them that…
401(k) Plan Corrections – Can Your Company Benefit From the New IRS Guidance?
On December 31, 2012, the Internal Revenue Service ("IRS") issued Revenue Procedure 2013-12. This new Revenue Procedure modifies and…
UNIONS – A Fundamental Lesson Verified
Back in the 1980's, in a union election at a private mail carrier, the employees petitioned the National Labor Relations Board for an…
Delinquent Filer Voluntary Compliance Program Updated
On Monday, January 28, 2013, the U.S. Department of Labor ("DOL") announced technical updates to its Delinquent Filer Voluntary Compliance…
Employment Advisory: IRS Issues Proposed Regulations on Employer Shared Responsibility Under the Affordable Care Act
IRS Issues Proposed Regulations on Employer Shared Responsibility Under the Affordable Care Act: What Employers Need to Know The IRS has…
CALIFORNIA – 2013 Changes to California's Employment Laws
Employers will need to comply with at least six new laws for their California-based employees beginning in January 2013: AB2103: Salaried…
UNIONS – Michigan Becomes a Right-to-Work State
Michigan has now joined Indiana and 22 mostly southern states in becoming a right-to-work state. Seen by most as a knife in the heart of…
SEX DISCRIMINATION – Termination for Being Too Attractive Not Sex Discrimination
On December 21, 2012, the Iowa Supreme Court dismissed a case filed by Melissa Nelson, whom the Court described as an "irresistibly…
Events
2024 Annual Complimentary Employment, Labor, & Benefits Seminar
9.19.24
AGENDA: 8:00-8:30 am - Registration and Breakfast 8:30-11:45 am - Presentations Continental breakfast will be provided TOPICS: Federal and…
Complimentary Employment Webinar: Workers' Compensation, FMLA, COBRA, and the ADA: My Employee is Injured. How do I Coordinate All These Laws?
8.8.24
Frank Del Barto When an employee’s claim for a workers’ compensation injury or illness is approved, several laws may apply to…
Complimentary Employment Webinar: Understanding Your Company's Need to Accommodate a Disability Under the ADA
4.4.24
Frank Del Barto The Americans with Disabilities Act (“ADA”) requires private employers with fifteen or more employees to…
2023 Annual Complimentary Employment, Labor, & Benefits Seminar
9.21.23
AGENDA: 8:00-8:30 am - Registration and Breakfast 8:30-11:45 am - Presentations Continental breakfast will be provided TOPICS: What You May…
Protecting Confidential Information and Trade Secrets - Best Practices for Employers
5.11.23
Kevin Borozan Confidential information is a valuable business asset and protecting your company’s confidential information…
Complimentary Employment Webinar: Employee Terminations
3.31.23
Frank Del Barto As the first quarter of 2023 comes to a close, many national companies have started to announce significant…
Complimentary Employment Webinar: Who is an Independent Contractor
12.15.22
Frank Del Barto Federal and State agencies continue to focus on the improper classification of employees as independent…
2022 Annual Complimentary Employment, Labor, & Benefits Seminar
9.22.22
AGENDA: 8:00 am - Registration and Breakfast 8:30-11:45 am - Presentations Continental breakfast will be provided TOPICS: What you may…
Complimentary Employment Webinar: Conflict Resolution
8.25.22
Frank Del Barto During this webinar, we will review the legal requirements for a safe workplace, consider the issues listed…
Complimentary Employment Webinar Series - Conducting a Human Resources Audit - Part 2
7.14.22
Frank Del Barto In part 2 of this series, the following major audit/due diligence areas will be reviewed and recommendations…
Complimentary Employment Webinar Series - Conducting a Human Resources Audit - Part 1
6.23.22
Frank Del Barto In part 1 of this series, the following major audit/due diligence areas will be reviewed and recommendations…
Complimentary Webinar: OSHA's Vaccine Mandate: 100 Employees or More - Summary and Compliance Steps
11.15.21
On Thursday, November 4, 2021, OSHA announced its long-awaited COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The ETS…
Masuda Funai 2021 Virtual Employment Seminar Series: Illinois Employers Must Comply With New Requirements When Using Non-Compete and Non-Solicitation Agreements
10.14.21
Illinois employers will be required to comply with drastically different requirements for non-compete and non-solicitation agreements…
Masuda Funai 2021 Virtual Employment Seminar Series: Reflections and Perspectives: Employee Benefits Changes in 2020/21 and Going Forward - Where Do We Go From Here?
10.7.21
In response to COVID-19, the federal government enacted several major pieces of legislation that directly impacted employee benefits. Some…
Masuda Funai 2021 Virtual Employment Seminar Series: Artificial Intelligence and Other Anticipated Challenges in 2022 and Beyond
9.30.21
Artificial intelligence is changing human resource functions. Illinois enacted the Artificial Intelligence Video Interview Act. That…
Complimentary Webinar: Cybersecurity Best Practices for Companies Sponsoring 401(k) Plans
5.13.21
On April 14, 2021, for the first time, the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) issued…
Complimentary Webinar: American Rescue Plan Act of 2021 - Employment and Benefit Considerations
4.8.21
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (“ARPA”). ARPA contains several important employment and…
Complimentary Webinar - California Law: Significant Leave Law Change Updates and Reminders For 2021
11.19.20
On September 17, 2020, California Governor Newsom signed SB 1383 into law significantly expanding eligibility for family care and medical…
Employment Virtual Seminar Series: Employee Benefits in 2020 & Beyond
9.29.20
The Coronavirus Aid, Relief and Economic Security (“CARES”) Act was signed into law on March 27, 2020. In this virtual seminar, Jennifer…
Employment Virtual Seminar Series: Non-Unionized Companies in 2020 & Beyond
9.22.20
During the COVID-19 pandemic several employees, required to return to work, were social distancing in the lunchroom and started a…
Employment Virtual Seminar Series: Employment Issues in 2020 & Beyond
9.15.20
The COVID-19 pandemic and resulting economic complications have impacted employees and management in numerous ways. In response, the…
Complimentary Webinar: 401(k) Plan Cybersecurity Threats and Risk Reduction Strategies
8.6.20
The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) provided 401(k) plan sponsors the option to adopt enhanced plan loan…
Complimentary Webinar: COVID-19 Required Me to Work From Home... and I Like It - Formalizing Work From Home Arrangements
6.30.20
In March, many employees were sent home to work remotely with little notice or advance planning. In response, many employees have performed…
Complimentary Webinar: Opening Up the Workplace Again - Bringing Employees Back to Work
5.26.20
Recently, President Trump unveiled "Guidelines for Opening Up America Again." The Guidelines are designed to help state and local officials…
Complimentary Webinar: Employment Law Challenges for 2019 - Marijuana, Harassment & Exempt Salary Test
10.23.19
Topics include: How does the Illinois’ Workplace Transparency Act change employers' employment agreements, severance agreements and…
Best Practices in Employee Termination, Conducting Layoffs and Other Reductions in Force
10.9.19
Presented in Japanese, Sachiyo Yamada Miller discusses the challenges of Japanese companies seeking to conduct business in the U.S., and…
2019 Annual Complimentary Employment, Labor & Benefits Seminar
9.26.19
8:00 am - Registration and Breakfast 8:30-11:30 am - Presentations Continental breakfast will be provided Please join us to learn more…
Wage & Hour Laws, Performance Management, Rights, and Responsibilities
8.7.19
Presented in Japanese, Sachiyo Yamada Miller discusses the challenges of Japanese companies seeking to conduct business in the U.S., and…
Recruitment, Hiring & New Employee Orientation for Japanese Companies
6.12.19
Presented in Japanese, Sachiyo Yamada Miller discusses the challenges of Japanese companies seeking to conduct business in the U.S., and…
Complimentary Webinar: Employment Documentation - Is it Your Best Friend or Your Worst Enemy?
3.13.19
Solid employment documentation—that you can actually locate when needed—is crucial to a Company's success. Employment documentation…
Complimentary Webinar: Updating Employment Procedures and Policies to Comply with 2019 Laws
2.20.19
What are emerging employment law trends and key challenges that businesses will face in 2019? Learn how these new changes may affect your…
U.S. Employment Law Webinar Basics, Current Status, and Future Trends
12.13.18
Presented in Japanese, Sachiyo Yamada Miller discusses the challenges of Japanese companies seeking to conduct business in the U.S., and…
Complimentary Webinar: Successful Recruiting for German Subsidiaries in the U.S. Market
11.7.18
During the webinar, the experienced Recruiting Services team at GACC Midwest will address intercultural differences in the recruitment…
Complimentary Webinar: Terminations and Post-Employment Issues
10.18.18
Join us for the final part of The Employment Life of Robert Rightman. Although Robert has been employed at National Industrial Corporation…
2018 Annual Complimentary Employment, Labor & Benefits Seminar
9.27.18
8:00 am - Registration and Breakfast 8:30-11:30 am - Presentations Continental breakfast will be provided
Complimentary Webinar - Social Media: Don't Let it Tangle Your Company in a Web of Liability
8.21.18
. . Did you know that close to half of the world’s population are on some type of social media? It is not a matter of IF, but WHEN your…
Complimentary Webinar: Performance Management, Rights and Responsibilities
7.24.18
Join us for Part 3 of The Employment Life of Robert Rightman. After his hiring and after determining his wages, hours and benefits…
Wages, Hours & Benefits Webinar
5.17.18
Masuda Funai is pleased to announce the second part of our 2018 Webinar Series, entitled “The Employment Life of Robert Rightman.” After…
Recruitment, Hiring & New Employee Orientation Webinar
3.15.18
Recruitment, Hiring & New Employee Orientation Should the company classify the new worker as an employee or independent contractor? What…
2017 Employment, Labor & Benefits Group Complimentary Seminar
9.28.17
EMPLOYMENT, LABOR & BENEFITS GROUP COMPLIMENTARY SEMINAR Continental breakfast will be provided. Topics: The Trump Administration's…
2016 Annual Complimentary Employment, Labor & Benefits Seminar
9.28.16
2016 ANNUAL EMPLOYMENT, LABOR & BENEFITS LAW SEMINAR Continental breakfast will be provided. TOPICS: Employee Benefits Update Avoiding…
Webinar: 401(k) Plan Excessive Fee Lawsuits - Reducing Your Risk
8.4.16
Webinar: 401(k) Plan Excessive Fee Lawsuits Reducing Your Risk Frank Del Barto will review the current 401(k) excessive fee litigation…
Wage and Hour Webinar: Final Salary Level Rule Released - Its Implications for Your Company
5.27.16
Wage and Hour Webinar: Final Salary Level Rule Released - Its Implications for Your Company On Wednesday, May 18, 2016, the U.S…
Wage and Hour Webinar: Planning for the Release of the Final Rule
5.12.16
Wage and Hour Webinar: Planning for the Final Rule Join Frank Del Barto and Jiwon Yhee of Masuda Funai's Employment, Labor & Benefits Group…
2015 Annual Complimentary Employment, Labor & Benefits Seminar
9.24.15
2015 ANNUAL EMPLOYMENT, LABOR & BENEFITS LAW SEMINAR Challenges in 2015 and Beyond Continental breakfast will be provided. TOPICS: …
Employment Webinar: January 20, 2015
1.20.15
The National Labor Relations Board has issued its "Ambush Election" rules. Has your company implemented the Ever Ready Anti-Union…
News
Masuda Funai Hosted the 2024 Employment Seminar
Masuda, Funai, Eifert & Mitchell, Ltd. hosted its annual Employment Seminar on Thursday, September 19, 2024, at the DoubleTree Hotel in…
Masuda Funai Hosted the 2023 Employment Seminar
On September 21, 2023, Masuda Funai held its Annual Employment Seminar at the DoubleTree by Hilton in Arlington Heights, IL. This…
Masuda Funai Hosted the 2022 Employment Seminar
Masuda, Funai, Eifert & Mitchell, Ltd. hosted its annual Employment Seminar on Thursday, September 22, 2022. Approximately 96 executives…
Frank Del Barto Presented at ICPAS' Employee Benefits Conference via Simulcast
On May 12, Frank Del Barto, Chair of Masuda Funai’s Employment, Labor & Benefits Group, presented at the Illinois CPA Society’s (ICPAS)…
Alan Kaplan Authored an Article in the GACC Human Resources in the U.S. Report
The article "Setting Up the New HR Department at Your New U.S. Subsidiary" is featured in the March 2020 German American Chamber of…
Alan Kaplan Authored an Article in BizBuddy
The article "Are You Using the Correct Severance Agreements?" featured on BizBuddy’s website addresses the challenges of creating a…
Masuda Funai Hosts 2019 Employment Seminar
Masuda, Funai, Eifert & Mitchell, Ltd. hosted its annual Employment Seminar on Thursday, September 26, 2019. Approximately 110 executives…
Sachiyo Yamada Miller Authored an Article in BizBuddy
The article entitled "Non-Solicitation of Employees" featured on BizBuddy’s website discussed recent California cases wherein employee…
Lisa Dreishmire Spoke at the North Suburban Cook County American Job Center Business Employer Workshop
On February 6, 2019, Lisa Dreishmire, Senior Associate in Masuda Funai’s Employment Group, spoke at the North Suburban Cook County American…
Sachiyo Yamada Miller Spoke at JAS – So Cal Japanese Seminar
On January 25, 2019, Sachiyo Yamada Miller, Associate in Masuda Funai’s Employment Group, spoke at the Japan America Society of Southern…
Masuda Funai Hosts 2018 Employment Seminar
Masuda, Funai, Eifert & Mitchell, Ltd. hosted its annual Employment Seminar on Thursday, September 27, 2018. Approximately 120 executives…
Alan Kaplan Authored an Article in the GACC Guide: Successful Hiring for German Subsidiaries in the US
The article "Employment Law Challenges in the US – Implement a Compliance Program Before You Begin Operations" provides eight tips on…
Masuda Funai Hosts Northern Ireland Delegation
Masuda, Funai, Eifert & Mitchell Ltd. hosted the Northern Ireland Delegation on April 16, 2018 as part of its ABC Mission visit to Chicago…
Publications
Chapter: "Practical and Legal Considerations Prior to Conducting the Audit" - Illinois Institute for Continuing Legal Education's (IICLE) award-winning handbook, Conducting the Employment Practices Audit
"Managing the Risks of Implementing Cost Savings in a Challenging Economy" - Illinois State Bar Association: The Counselor Section, co-authored with Frank J. Del Barto (Published in both English and Japanese), April 2011