Jon Zimring practices management-side labor and employment law, splitting his practice between representing employers in all types of employment litigation and representing employers with union workforces in traditional labor relations. Mr. Zimring also focuses much of his practice on litigation avoidance and workplace conflict resolution, counseling managers, supervisors, labor relations and human resources personnel on how to minimize litigation risks, avoid unions and maintain amicable labor relations.

Mr. Zimring has represented numerous private and public employers in traditional labor matters, from companies finding themselves targets of union organizing efforts to employers in mature relationships with their unions. Mr. Zimring has handled counter-organizing campaigns, collective bargaining negotiations, grievance arbitrations and both representation cases and unfair labor practice charges before the NLRB.

Mr. Zimring has also represented a broad spectrum of employers in the investigation of complaints of harassment, discrimination and/or retaliation, has conducted wage and hour audits and has counseled numerous employers in the development and implementation of proactive programs and strategies for avoiding employment litigation at all levels of the organization.

In addition, Mr. Zimring has successfully defended litigation on behalf of small, middle market and Fortune 500 companies, as well as public sector entities, in numerous federal and state trial and appeals courts as well as before the NLRB, the U.S. Department of Labor, the EEOC and many state and local fair employment practices and other governmental agencies.

Mr. Zimring was honored with selection by The Chicago Law Bulletin as among its 2006 40 Under Forty Illinois Attorneys to Watch. He is a member of the American and Chicago bar associations and the Society for Human Resources Management. Mr. Zimring is a 1992 graduate of Northwestern University School of Law and a graduate of the University of Michigan.

Areas Of Practice

Labor and Employment Law

Representative Matters

Traditional Labor

Represented a nationwide retailer in successfully petitioning the Seventh Circuit Court of Appeals to overturn a decision of the NLRB relating to Union misconduct during an election campaign.
Counsel to manufacturing and health care businesses in the conduct of counter-organizing campaigns and representation cases before the NLRB, thwarting union efforts to organize and successfully defending unfair labor practice charges arising from the campaigns.
Counsel to numerous employers in the negotiation of collective bargaining agreements on terms the client found favorable and in achieving and maintaining positive and productive labor relations.
Represented employers evaluating acquisition of, and acquiring, union workforces, navigating successorship issues and negotiating new collective bargaining agreements.
Counsel to construction, engineering and health care employers in ERISA audit and collection disputes with union pension and health and welfare funds, defending funds' litigation and/or negotiating favorable resolutions of such matters.
Representation of a construction industry employer in connection with Department of Labor and Internal Revenue Service investigations arising out of claims by a Pension and Health & Welfare Fund of illegal subcontracting to evade ERISA obligations.

Human Resources Counseling

Designed and implemented preventive human resources systems at a construction company to minimize future employment litigation, including reworking of hiring practices, development of new policies, development of job descriptions, performance review and disciplinary procedures and training of both managers and rank and file employees; further employment litigation has been avoided since implementation of new systems.
Designed and conducted diversity training, harassment training, ADA and FMLA training, USERRA training, wage and hour training and training on hiring, performance reviews and discipline and discharge for upper- and mid-level management for numerous employers, from nationwide training for a Fortune 500 financial services company to single-site training for small employers.
Counsel to many employers, including health care facilities and professional services firms, to investigate and resolve claimed harassment of employees by residents, clients, customers, supervisors and coworkers. Has conducted sexual, racial, religious and national origin harassment investigations, prepared or counseled employers on the preparation of investigation reports and counseled on both specific and systemic measures to minimize the risk of lawsuits or liability.
Counseled numerous employers facing "reasonable accommodations" and "direct threat" issues and public accommodations issues under the ADA, including step-by-step counseling on the ADA's "interactive process" to neutralize ADA claims.
Assisted large publicly traded company in the design and implementation of a peer review system to achieve internal dispute resolution and litigation avoidance.

Employment Litigation

Counsel to a multinational fast food franchisor in numerous Title VII, ADEA, ADA and employment tort cases. All have been won on dispositive motions or settled for less than $20,000 in the face of demands as high as $50 million.
Counsel to publicly traded office supply and services company defending lawsuits alleging violations of the ADA, ADEA, ERISA, VEVRA and breach of employment contract, all of which were either settled on terms the client found favorable or won on dispositive motion and successfully defended before the Seventh Circuit Court of Appeals or the Illinois Appellate Court.
Counsel to an online university in connection with multiple claims including sexual and racial harassment and discrimination claims, disability claims, wage and hour claims and whistleblower claims - all matters defended, averted or resolved on terms the client found favorable.
Counsel to a Fortune 100 financial services firm in defense of claims of sexual harassment, gender discrimination and retaliation in connection with the termination of a branch manager. Won summary judgment on all claims then successfully defended appeal to the U.S. Court of Appeals for the Seventh Circuit.
Counsel to a pharmaceuticals manufacturer defending gender and pregnancy discrimination claims by a formerly high-achieving sales representative. Achieved a voluntary dismissal during discovery.
Counsel to a large affordable housing employer in defense of an FLSA collective action for unpaid overtime based on misclassification as "exempt;" reduced the scope of a potentially large class to a handful, then achieved a global settlement based only on the amount claimed by the individual named plaintiff.
Counsel to a closely held retailer defending allegations of workers' compensation retaliatory discharge. Won defense verdict.

Professional Activities

American Bar Association
The Chicago Bar Association
Society for Human Resource Management
Chicago Bar Association

Admissions

Illinois
United States District Court for the Northern District of Illinois
United States District Court for the Central District of Illinois
United States District Court for the Southern District of Illinois
Supreme Court of Illinois
United States Court of Appeals for the Seventh Circuit

Education

Northwestern University School of Law, J.D., 1992

Experience

Holleb & Coff, Chicago, Illinois
- Associate, 1995-1999
Rivkin, Radler & Kremer, Chicago, Illinois
- Associate, 1992-1995
Duane Morris LLP
- Partner, 2001-present
- Associate, 1999-2000

Selected Publications

Contributing editor to The Developing Labor Law, the publication of the ABA Section of Labor & Employment
"Dealing With Dr. Dangerous," Physicians Practice, October 2008
"How to Avoid A Major Litigation Headache Under the Fair Labor Standards Act," Special Issue Brief, a publication of the American Seniors Housing Association, Spring 2008
"Protecting Yourself Against Liability from Dangerous Employees," Journal of Medical Practice Management, March/April 2007
"When Dangerous Employees Cause Harm," Journal of Medical Practice Management, November/December 2006
"When Residents Abuse Employees," Nursing Homes: Long Term Care Management, October 2005
"Union Unfair Labor Practices," The Labor Law Handbook, Illinois Institute for Continuing Legal Education, November 26, 2001
Co-author, "Joint Employer Liability: Ignore the Risks at Your Company's Peril," New York Law Journal, November 1999
"Caution: Shared Employees = Shared Liability," Connecticut Law Tribune, October 18, 1999
"Good Business Judgment, Emerging Joint Employer Liability - Recognizing the Risks," Texas Lawyer, September 20, 1999
"Union Unfair Labor Practices," Illinois Institute for Continuing Legal Education (IICLE) Labor Law Handbook, 1999

Selected Speaking Engagements

Speaker, "Family/Military Leave," Duane Morris' FLSA, Family/Military Leave, and Immigration Workshop for Healthcare Industry Leaders, Chicago, September 16, 2008
Speaker, "Recognizing Union Activity," Illinois Health Care Association's 4th Annual Assisted and Supportive Living Symposium, Springfield, Illinois, March 18, 2008
Speaker, "Hot Topics In Employment Law," Illinois Health Care Association's ("IHCA") 57th Annual Convention and Trade Show, Peoria, Illinois, September 17-20, 2007
"Corporate Compliance," Illinois Nursing Home Administrator's Association, August 2004
"When a Resident Harasses an Employee," Illinois Nursing Home Administrator's Association, August 2004
Speaker, "Hot Topics in Employment Law," Illinois Health Care Association's 53rd Annual Convention and Trade Show, Peoria, Illinois, September 15, 2003
Speaker, "Retain Staff and Increase Their Performance Levels, " Illinois Health Care Association Conference, Peoria, Illinois, September 11, 2001
Speaker, "How to Avoid Unionization" and "Employment Related Liability," Illinois Health Care Association Conference, Springfield, Illinois, September 12, 2000
Speaker, Illinois Nursing Home Administrators' Association, mock hearing addressing Healthcare Fraud and Abuse, Corporate Compliance and Labor and Employment Law Issues, Springfield, Illinois, February 15, 2000
Speaker, "Retaining and Training Employees," Assisted Living: A Toolkit For An Industry In Transition, Chicago, Illinois, June 22, 1999