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.

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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Off-Duty Conduct: COVID-19 and Social Media Ranting—What’s an Employer to Do?

By , , and on Sep 10, 2020
Posted In Employment, Privacy and Data Security

Many employers who recently reopened are now facing a new challenge—employee off-duty conduct. At stake are both workplace and customer safety as well as the company’s reputation. A recent webinar featuring McDermott’s Michael Sheehan, Ron Holland, Abigail Kagan and Brian Mead covers various scenarios employers are likely to face and provides practical strategies to navigate...

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How to Build COVID-19 Employment Litigation Defenses Now

By , and on Aug 20, 2020
Posted In Employment, Privacy and Data Security

The employment and business decisions made by employers under the specter of the unprecedented COVID-19 pandemic are now being tested by plaintiffs’ lawyers. Employers of all sizes should expect a flood of employment litigation alongside ever-changing conditions, constantly updated guidance and, at times, conflicting state and local guidance. Litigation avoidance will require a team effort and proactive communication – both internally and externally. This article outlines the types...

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Top 10 Things to Know About the New FLSA Overtime Calculations

By and on Jan 7, 2020
Posted In Employee Benefits, Employment, Labor

Beginning January 15, 2020, new, more employer-friendly regulations determine how overtime pay is calculated under the Fair Labor Standards Act. We identified the top 10 things you should know about what is being changed or clarified. Access the full article.

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Fridays With Benefits Webinar | Terminating Employees: How to Minimize Liabilities

By and on Feb 5, 2019
Posted In Employee Benefits, Employment

Join us this Friday, February 8, for an interactive discussion on minimizing liabilities when terminating employees. Rachel Cowen and Brian Mead will talk about workplace investigations, releases and severance agreements. Our lively 45-minute discussion will tackle the following topics: 5 Best Practices for Termination Tips for Preparing Releases Dos and Don’ts With Benefits Friday, February...

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Federal Appellate Court Finds That Title VII Bans Gender Identity Discrimination

By , and on May 31, 2018
Posted In Employment

The US Court of Appeals for the Sixth Circuit ruled on March 7, 2018, that workplace discrimination on the basis of gender identity and gender expression violates Title VII of the Civil Rights Act of 1964. The language of Title VII does not expressly prohibit discrimination on the basis of gender identity. However, the US...

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