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The past several years have seen the rise of “salary history ban” and pay transparency legislation at the state and local levels, limiting employers’ ability to seek salary history from applicants and requiring them to disclose salary bands in job postings. These new laws, along with other caselaw developments, raise issues and potential pitfalls that investigators must be aware of. Hear from employment law practitioners on the state of the law and best practices in investigations.
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SHRM PDCs: 1
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|Pay Equity Issues in Investigations: A Changing Landscape (393.9 KB)||3 Pages||Available after Purchase|
Erin McAdams Franzblau is a Partner in the Litigation Practice Group, with a focus on helping companies navigate employment laws. Erin litigates employment matters, counsels employers on nearly every sub-specialty of employment law, and acts as employment counsel for M&A transactions.She also serves as the firm's Associate General Counsel for Employment Matters.
In her counseling practice, Erin assists organizations with a wide range of day-to-day employment issues, includingpersonnel policies and procedures, executive employment and independent contractor arrangements, accommodations, restrictive covenants, employee misclassification risks, and internal investigations. She also counsels clients on adapting to the evolving landscape of medical and recreational marijuana legislation, includingin the areas of drug testing, corrective action, and accommodation requests. As one client said about Erin'sassistance:
"We developed a great partnership with Erin immediately and she was able to provide exceptional guidance in a clear and individualized manner. Erin provides outstanding professional support with impeccable response time. The best part is that I can completely trust Erin to guide us through difficult issues and represent our company professionally. Erin and Freeborn & Peters LLP have quickly grown to be invaluable partners to our organization."
Erin is experienced in all stages of litigation, from inception through trial and post-trial appeals, and she has won summary judgment for her clients on a range of employment matters. She regularly defends employers in a wide range of class and collective actions, single-plaintiff disputes, and restrictive covenant matters before federal and state courts and administrative bodies. In her class action practice, she has represented companies against claims brought under state and federal antidiscrimination laws, the Fair Labor Standards Act, and the Employee Retirement Income Security Act. Erin also has an active OSHA practice. She regularly guides clients through investigations, emergency responses, and litigation against state and federal agencies, including whistleblower claims brought by the Department of Labor.
In her pro bono practice, Erin is committed to advocating for the rights of women and children. She has representedsexual assault survivors in their efforts to seek civil restraining orders, and secured relief for a refugee client under the Violence Against Women Act, allowing the client to gain resident status in the United States. She has also represented prisoners in Section 1983 actions and achieved favorable settlements on behalf of her clients. In 2018,she was honored by Legal Aid Chicago for her work representing sexual assault survivors.
Erin is a frequent writer and speaker on employment law issues, including topics such as personnel management, COVID-19 compliance, and marijuana legislation.She is active in the bar, and is currently Treasurer and an Executive Board member of the Federal Bar Association Chicago Chapter. Erin is also committed to advancing diversity and inclusion in the legal profession, and currently serves as Co-Chair of the firm's Women's Leadership Council.
Prior to joining Freeborn, Erin practiced employment litigation at Morgan, Lewis & Bockius, and clerked for the Honorable William J. Zloch, United States District Judge of the Southern District of Florida.
Kathryn Lundy is a Partner in the Litigation and Labor & Employment Practice Groups and a member of the Consumer Products Industry Team. Results, practice area fluency, and the extraordinary level of trust and confidence she instills in her clients are what distinguish Kathryn from her peers.
Admitted to practice law in New York and New Jersey, Kathryn is a poised and sought after legal industry veteran, and the management-side employment cases she handles bear this out. In fact, her top-shelf clientele in varying industries count on Kathryn to litigate particularly high stakes disputes, including the defense of claims ranging from sexual harassment and discrimination, wrongful termination, wage and hour and breach of contract.
Kathryn has also counseled and litigated a broad array of matters to secure emergent relief to enforce restrictive covenants and protect their rights under the Defend Trade Secrets Act (DTSA) and related state laws. She also maintains an active practice in counseling organizations prior to anticipated litigation in either prosecuting or defending against claims of misappropriation of trade secrets, tortious interference with a contract (i.e., restrictive covenant) and prospective business relationships.
Kathryn is also regularly called upon for advice and counsel regarding the gamut of complex employment issues including executive compensation or termination issues, wage and hour compliance, classification issues, restrictive covenants, discipline, management training, policy development, reductions in force, investigations, or guidance having to do with compliance with local, state, and federal employment laws, including workplace operations during COVID-19. Kathryn – for so many businesses – is a go-to attorney.
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