Brian Mead

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Brian Mead focuses his practice on various labor and employment issues. He defends employers, before state and federal courts and administrative agencies, in individual and class action litigation under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Fair Credit Reporting Act, the Fair Labor Standards Act and other employment laws, including discrimination, wrongful termination, retaliation, and breach of contract claims. Additionally, Brian has experience in prosecuting and defending employee mobility and trade secret litigation cases on an emergency injunctive basis. Brian is skilled in researching multi-jurisdictional employment issues and preparing memoranda explaining the nuances of these issues and providing a recommended course of action. Read Brian Mead's full bio.

FTC Proposes Rule Banning Noncompete Agreements


By , and on Jan 19, 2023
Posted In Employment

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would prohibit employers from using noncompete agreements with their employees or independent contractors. This proposal arises from a preliminary finding by the FTC that noncompetes constitute an unfair method of competition in violation of Section 5 of the Federal Trade Commission Act (FTC...

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Colorado Continues to Whittle Away at Non-Compete Agreements


By , and on Sep 27, 2022
Posted In Employment, Labor

Effective August 10, 2022, Colorado’s laws governing restrictive covenants were amended to provide additional limitations and hurdles for employers who seek non-compete and non-solicit agreements with their employees, including compensation thresholds and notice requirements. The new law also sets forth steep penalties for any violations. This article provides the details of these new restrictions. Read...

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How Does the FMLA Apply to a Remote Workforce?


By and on Sep 6, 2022
Posted In Employee Benefits, Employment, Labor

The Family and Medical Leave Act (FMLA) was enacted in 1993, a year when the idea of working a corporate job from a living room was rare. When the law was passed, the FMLA didn’t contemplate a remote workforce. Now, and especially post-pandemic, many companies are embracing a fully remote workforce (e.g., sales representatives, healthcare...

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New Chicago Ordinance on Sexual Harassment Takes Effect


By and on Jul 11, 2022
Posted In Employment

The new Chicago Ordinance on sexual harassment, effective July 1, 2022, requires that an employer maintaining a business facility within the geographic boundaries of Chicago must have a written policy—including a conspicuously displayed notice poster in English and Spanish—documenting the prohibition of sexual harassment. Read more here.

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Restrictive Covenants Evolve from Common Law to Statutory Regulation: The 2022 Watershed


By and on Apr 19, 2022
Posted In Employment, Executive Compensation, Labor

Restrictive covenants were once the exclusive province of the courts in each state. That is no longer the case. Although case law still governs restrictive covenants, states also are enacting restrictive covenants statutes. Today, 30 states (including Washington, DC) have laws affecting restrictive covenants. Unlike state statutes regulating trade secrets (which largely follow the Uniform...

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New Illinois Noncompete and Nonsolicitation Law in Effect


By and on Mar 15, 2022
Posted In Employment, Labor

As of January 1, 2022, a new Illinois law governing restrictive covenants (Public Act 102-0358) is in effect. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It applies to all agreements entered into on or after January 1. Read more here.

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When Is COVID-19 a Disability? Courts Tackle Issue in Bias Cases


By on Nov 3, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

A Pennsylvania federal judge recently allowed an employee to move forward with a discrimination lawsuit after her employer terminated her following a positive COVID-19 test result. According to this Bloomberg Law article, the judge noted that COVID-19 could be considered a disability under the Americans with Disabilities Act (ADA); however, it’s unclear if the ADA...

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Mask Up, Vax Up: Illinois Governor Issues Immediate Face Covering Mandate for All, COVID-19 Vaccine Mandate for Healthcare, School and State Workers and Students


By , , and on Sep 2, 2021
Posted In Employment, Health and Welfare Plans

On August 26, 2021, Illinois Governor J.B. Pritzker issued Executive Order 2021-20 (the Order). The Order mandates that all individuals in Illinois who are at least two years old and who are medically able must wear face coverings indoors and in other specified settings. In addition, the Order mandates COVID-19 vaccination for certain professionals in...

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Illinois Enacts New Noncompete and Nonsolicit Law


By and on Sep 1, 2021
Posted In Employment, Labor

Illinois has enacted a new law governing restrictive covenants: Public Act 102-0358. This law outlines the requirements for valid noncompetition and nonsolicitation agreements, and enforcement of those covenants. It will apply to all agreements entered into on or after January 1, 2022. According to McDermott’s Brian Mead and Barrick Bollman, the legislation allows an employee...

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Employers and Artificial Intelligence: Six Pitfalls to Watch Out For


By on Jun 22, 2021
Posted In Employee Benefits, Employment

As governments lift COVID-19 pandemic restrictions, employers are turning to artificial intelligence tools to accelerate their hiring processes. However, these AI-based tools can open businesses up to discrimination claims if they are not careful, according to McDermott partner Brian Mead. “[The technology] could decide that certain words [are] unlikely to [yield] successful candidates, and then...

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