Professionals
Related Practices
Overview
The Labor and Employment attorneys at Burke, Warren, MacKay & Serritella understand the challenges of managing a workforce and the necessity of spot-on advice to maintain a productive workplace environment. Recruiting and retaining key personnel while dealing with problem employees is a part of doing business. Our attorneys represent management—public and private, large and small, profit and not-for-profit—in the entire spectrum of employment-related matters, with a focus on preventing problems before they occur. We have represented a wide range of industries and employers, from Fortune 100 companies to small entrepreneurs.
Our attorneys advise clients regarding federal, state, and local laws prohibiting discrimination in the workplace to minimize the likelihood of employment discrimination claims. We use our decades of experience and in-depth understanding of complex law to assist clients with improved employment practices and procedures, including drafting employee handbooks and related documents. We also work to identify and correct potential problems before they become expensive confrontations, including training managers and supervisors regarding applicable legal requirements.
When claims are made, we aggressively defend our clients in front of administrative agencies and federal and state courts in individual, collective and class action litigations, and, if necessary, on appeal in a wide range of cases including age, race, gender, religion, disability and national origin discrimination, sexual harassment, and wage and hour disputes arising under various statutes, including the Fair Labor Standards Act and the Illinois Wage Payment and Collection Act.
We also regularly represent clients in investigations before administrative fact-finding tribunals and in public hearings conducted by federal, state, and local agencies, including the EEOC, the Illinois Department of Human Rights, the Illinois Human Rights Commission, and the Chicago Commission on Human Relations.
With the ever-expanding erosion of the employment-at-will doctrine, we are also actively involved in counseling and defending employers against the many common law and statutory claims that are potentially available to applicants and current and former employees. For example, we have represented employers in situations involving express and implied contracts, breach of fiduciary duty claims, retaliatory discharge claims, and whistle-blower protection.
We also help our clients protect their valuable information, including trade secrets, customer lists, key personnel, and proprietary information, by drafting and enforcing non-competition and non-solicitation agreements, confidentiality agreements, and other employment-related contracts.
Finally, we are experienced in the unique concerns confronting employers with unionized workforces, serving as lead counsel in labor negotiations and handling complex NLRB and appellate litigation. We advise and represent clients in collective bargaining, arbitrations, and union representation matters and counsel our clients during labor disputes, including strike contingency plans and effective responses to boycotts and "corporate campaigns."
Whatever our clients' needs may be—solving problems, negotiating, analyzing, or litigating—we are trusted advisors serving as the first step in handling any employment issue.
Employee Benefits
Burke Warren's Employee Benefits attorneys offer a wide range of compensation and employee benefits services to help maximize those benefits within budgets and within tax and benefit law guidelines. We assist in designing, documenting, implementing, revising, and terminating employee benefit arrangements, including pension and profit sharing, 401(k)s, health and welfare, executive compensation, and stock option plans. In addition, we counsel plan trustees regarding plan administration, including documenting investments, determining the eligibility of and obligations to beneficiaries, and working with accountants and actuaries.
Our benefits clients come from both the private and public sectors and include major corporations, closely held businesses, single and multiple employer plans, collectively bargained plans, governmental agencies, and religious and other tax-exempt organizations. Plans vary from unfunded plans to those with assets of more than $2 billion. The common element in all of our plan clients is the desire and need to maximize benefits at the lowest possible cost, while complying with applicable law.
IRS and U.S. Department of Labor
Employee benefits involve considerable interaction with the Internal Revenue Service, the U.S. Department of Labor, and state agencies. Our attorneys are experienced in working with the IRS to obtain determination letters for our clients’ qualified plans and have represented clients before both the IRS and U.S. Department of Labor in conjunction with plan audits.
Litigation
All interested parties want benefits plans to work smoothly and without litigation. However, when disputes arise and settlements cannot be reached, our benefits and litigation attorneys work together to achieve the best possible result for our clients.
Mergers and Acquisitions
Employee benefits plays a significant role in mergers and acquisitions. Buyers need to know the benefit costs and obligations accompanying an acquisition, and sellers want to see their loyal employees protected after the closing. Both parties want a seamless transition from the seller's benefit package to the buyer's benefit package. Benefit plans may have to be adopted, amended, or terminated. We work closely with clients to ensure that the benefits portion is properly addressed to meet the client's goals.
News
News
- June 20, 2022
- June 20, 2022
- June 10, 2022
- May 4, 2022
- May 4, 2022
- May 3, 2022
- April 29, 2022
- April 21, 2022
- April 18, 2022
- Burke Warren Proud to Participate in the Chicago Bar Foundation’s 2022 Investing in Justice CampaignApril 6, 2022
- February 21, 2022
- February 16, 2022
- February 9, 2022
- January 25, 2022
- January 21, 2022
- December 14, 2021
- December 2, 2021
- December 1, 2021
- October 28, 2021
- October 27, 2021
- September 20, 2021
- August 23, 2021
- August 10, 2021
- August 10, 2021
- August 6, 2021
- August 4, 2021
- July 21, 2021
- U.S. News Money, June 21, 2021
- April 11, 2021
Alerts
Alerts
- June 29, 2022
- June 23, 2022
- May 23, 2022
- February 3, 2022
- January 14, 2022
- December 28, 2021
- December 20, 2021
- November 15, 2021
- November 4, 2021
- October 1, 2021
- September 21, 2021
- June 25, 2021
- June 21, 2021
- June 3, 2021
- April 21, 2021
- March 24, 2021
- March 15, 2021
- February 1, 2021
- January 8, 2021
- January 4, 2021
- December 19, 2020
- December 17, 2020
- November 19, 2020
- September 22, 2020
- September 1, 2020
- August 14, 2020
- July 9, 2020
- July 6, 2020
- June 29, 2020
- June 23, 2020
- June 15, 2020
- June 12, 2020
- June 11, 2020
- June 9, 2020
- June 1, 2020
- May 28, 2020
- May 26, 2020
- May 22, 2020
- May 8, 2020
- May 8, 2020
- May 7, 2020
- April 29, 2020
- April 28, 2020
- April 28, 2020
- April 22, 2020
- April 15, 2020
- April 9, 2020
- April 8, 2020
- April 6, 2020
- April 6, 2020
- April 3, 2020
- April 2, 2020
- April 1, 2020
- March 30, 2020
- March 30, 2020
- March 28, 2020
- March 26, 2020
- March 24, 2020
- March 24, 2020
- March 23, 2020
- March 23, 2020
- March 23, 2020
- March 21, 2020
- March 18, 2020
- March 18, 2020
- March 18, 2020
- March 2, 2020
- December 13, 2019
- December 9, 2019
- December 6, 2019
- November 9, 2019
- Update to Department of Labor's New Overtime RuleOctober 18, 2019
- The Illinois Workplace Transparency Act takes effect January 1, 2020August 26, 2019
- August 12, 2019
- August 7, 2019
- Certain Chicago employers soon required to provide notice of schedule changesJuly 24, 2019
- July 16, 2019
- March 15, 2019
- March 8, 2019
- Six Tips for Employers following the Supreme Court’s Ruling in Rosenbach v. Six Flags Entertainment Corp.February 4, 2019
- January 10, 2019
- How Employers Should Handle Employee Requests to Bring Service Animals and Emotional Support Animals to WorkDecember 3, 2018
- How Public Accommodation Providers Can Avoid Hairy Situations with Service AnimalsNovember 26, 2018
- November 5, 2018
- August 30, 2018
- May 23, 2018
- May 22, 2018
- May 11, 2018
- April 20, 2018
- Ensure compliance with the Illinois Biometric Information Privacy ActJanuary 4, 2018
- December 7, 2017
- October 20, 2017
- October 5, 2017
- August 29, 2017
- August 1, 2017
- June 5, 2017
- March 16, 2017
- December 9, 2016
- November 23, 2016
- Begin planning now for December 2016 roll-outOctober 28, 2016
- October 19, 2016
- July 1, 2016
- Developing Area Of LawApril 2016
- March 2016
- December 3, 2015
- October 15, 2015
- July 1, 2015
- December 3, 2014
- July 28, 2014
- March 13, 2014
- July 25, 2013
- November 28, 2012
- January 6, 2012
Speaking Engagements
Speaking Engagements
- Webinar via WebEx, May 3, 2022
- April 28, 2022Webinar via Zoom, April 28, 2022
- Webinar via Zoom, November 4, 2021