Gregory P. Abrams
Gregory Abrams has devoted his two-decade career to representing and counseling management in all facets of labor and employment law.
Greg focuses his practice on defending employers in their most complex and important litigation, tailoring his approach to each individual client’s definition of “success.” He also advises companies of all sizes in responding to and overcoming challenges involving their most important asset: their people.
Greg’s litigation experience includes defending employers and other entities against class and collective actions under the Fair Labor Standards Act (FLSA) and state wage-and-hour laws, Title VII, Section 1981, and other laws. Having managed matters involving thousands of potential class members throughout the country, he has successfully defeated class certification, prevailed on the merits, and secured favorable resolutions. He also regularly represents companies in prosecuting and defending trade secrets and restrictive covenants matters. In recent years, Greg has led the defense of multiple companies against class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA) and has become a prolific speaker and writer on the topic.
In his employment counseling practice, Greg provides day-to-day (and often immediate) guidance on all types of issues, including restrictive covenants, wage-and-hour laws, employee termination, drug and alcohol testing, and criminal background checks. He also prepares severance agreements, employee handbooks, and other employment policies, and manages internal employment investigations. Clients appreciate Greg’s commitment to partner with them to find the best way to advance their objectives while minimizing risk.
Greg routinely presents at CLEs and similar events on a variety of employment and related topics. His writing on employment and privacy-related issues frequently appears in publications such as Reuters (for which he provides a quarterly column), Employment Law 360, and Chicago Daily Law Bulletin. A recognized thought-leader, he has also been interviewed by multiple media outlets, including Bloomberg Law, Fortune, Chicago Tribune, Crain’s Chicago Business, Society for Human Resource Management, Class Action Reporter, and Business Insurance. Greg has also served as a contributing author and editor to the annual FLSA Midwinter Report published by the FLSA Subcommittee of the ABA Federal Labor Standards Legislation Committee.
Greg is also committed to pro bono work, which has included representing multiple plaintiffs alleging federal due process violations in connection with Illinois executive clemency proceedings, an applicant for asylum, a Chicago Public Schools student seeking a specially tailored educational curriculum, and an incarcerated individual alleging civil rights violations.
Greg lives in Deerfield, Illinois, where he enjoys spending time with his family, coaching his sons’ baseball teams, and chasing his dog (Wrigley).
- Education
- The University of Chicago Law School (J.D., 2003)
- University of Pennsylvania (B.A. in Economics and Political Science, summa cum laude, Phi Beta Kappa, 2000)
- State Admissions
- Illinois, 2003
- Federal Admissions
- United States Court of Appeals, Seventh Circuit
- United States District Court, Eastern District of Arkansas
- United States District Court, District of Colorado
- United States District Court, Central District of Illinois
- United States District Court, Northern District of Illinois
- United States District Court, Southern District of Illinois
- United States District Court, Western District of Michigan
- United States District Court, Eastern District of Wisconsin
- United States District Court, Western District of Wisconsin
- Managed more than 30 FLSA collective action and state law wage-and-hour class actions involving alleged “off-the-clock” work, employment misclassification, and other theories in courts throughout the country
- Represented companies in multiple industries, including finance, manufacturing, and insurance, in pursuing and defending against claims involving alleged restrictive covenant violations and similar theories
- Defended multiple companies in class actions alleging race discrimination, age discrimination, and invasion of privacy brought under multiple state and federal statutes, including Title VII, Section 1981, and other theories
- Handled more than a dozen class actions under the Illinois Biometric Information Privacy Act (BIPA) in Illinois state and federal courts, on behalf of employers and manufacturers
- Obtained complete jury verdict for the defense in multi-plaintiff race discrimination case in the Northern District of Illinois federal court brought by major retail chain customers and former employees
- Supported multiple national employers in developing and revising employment policies for compliance in all states in which they operate
Publications
- “Genetic Information and the Potential Next Wave of Privacy Class Actions in Illinois,” Tucker Ellis Client Alert (November 2023)
- “Are You Using Biometric Technology in Illinois? Tread Carefully!“, Association of Corporate Counsel (ACC) St. Louis (October 2023)
- “Illinois to Require Salary and Benefits Disclosures in Job Postings,” Tucker Ellis Client Alert (August 2023)
- “Federal Judge Vacates $228M Damages Award in BIPA Trial and Orders New Damages Trial,” Tucker Ellis Client Alert (July 2023)
- “6th Cir. FLSA Class Opt-In Ruling Levels Field for Employers,” Law360 (June 2023)
- “Proposed Rule Banning Noncompetes: Taking Stock as Comments Flood the FTC,” Reuters Legal News (March 2023)
- “Illinois Supreme Court Holds BIPA Claims Accrue with Each Alleged Scan,” Tucker Ellis Client Alert (February 2023)
- “Illinois Supreme Court Holds Five-Year Statute of Limitations Applies to All BIPA Claims,” Tucker Ellis Client Alert (February 2023)
- “2023 Omnibus Spending Bill Includes New Protections for Pregnant or Nursing Mothers,” Tucker Ellis Client Alert (January 2023)
- “High-Tech, High-Risk: Potential Pitfalls From Remote Employee Monitoring,” Reuters Legal News and Westlaw Today (December 2022)
- “COVID-19 Employment Litigation: Taking Stock Two Years In,” Reuters (August 2022)
- “Remote Work and Restrictive Covenant Agreements,” Reuters (May 2022)
- “Employment Considerations in a Hot Talent Market – Don’t Get Burned,” Reuters (February 2022)
- “To Vaccinate or Not to Vaccinate: Consideration for Employers,” Chicago Daily Law Bulletin (April 2021)
- “EEOC Guidance Regarding COVID-19 Vaccinations,” The National Law Review (December 2020)
- “Biometric Privacy Suits After Facebook Face-Scan Class Cert.,” Law360 (August 2019)
- “Sekura Case Expands Scope of Illinois Biometric Privacy Law,” Law360 (November 2018)
- “The ‘Dos’ and ‘Don’ts’ of Rounding – How Does Your Policy Measure Up?,” Employee Benefit Plan Review (March 2018)
- “Biometric Info: What to Do and Not Do,” Chicago Daily Law Bulletin (October 2017)
- “New Law Makes Some Noncompetes Illegal,” Chicago Daily Law Bulletin (January 2017)
- “EEOC Gets Aggressive in New Rights Area,” Chicago Daily Law Bulletin (March 2016)
- “The NLRB’s Babcock & Wilcox Decision and the Frustration of National Labor Policy,” ABA Section of Labor & Employment Law, Development of the Law Under the NLRA (February 2016)
- “Appeals Court Revives Attorneys’ Lawsuit for Overtime Compensation,” Chicago Daily Law Bulletin (September 2015)
- “Proposed Rule Issued on Revision Exemptions from FLSA Minimum Wage and Overtime Requirements,” The Labouring Oar, Federal Bar Association, Labor and Employment Section (Fall 2015)
- “EEOC’s Updated Enforcement Guidance on the Use of Arrest and Conviction Records in Employment Decisions: Developments in Year One,” Bloomberg Law BNA Daily Labor Report (November 2013)
Speaking Engagements
- “Legal Update: The Illinois Genetic Information Privacy Act,” Chicago Society for Human Resource Management (December 2023)
- “A Discussion on Data Security Issues Affecting Businesses Nationwide,” Tucker Ellis In-House Counsel Summit (November 2023)
- “The Future of Noncompetition Agreements,” Chicago Society for Human Resource Management (June 2023)
- “Disability Inclusion: From Disability Compliance to Disability Competitive,” Hot Topics in Employment Law, Tucker Ellis LLP (April 2023)
- “Age Discrimination in the Workplace,” Webinar, Lorman Education Services (April 2023)
- “Disability Inclusion,” Lorman Webinar (December 2022)
- “Compliance in the Age of Privacy: What Your Marketing, HR, and IT Departments Must Know,” Tucker Ellis In-House Counsel Summit (November 2022)
- Chicago Society for Human Resource Management, Legislative Committee, Employment Law Developments Webinar (November 2022)
- “The Biometric Information Privacy Act (BIPA) Class Action Litigation: Key Trends and Best Defense Strategies,” The Knowledge Group LLC (October 2022)
- Chicago Society for Human Resource Management, Legislative Committee on the Illinois Equal Pay Act, Webinar (May 2022)
- “Charting a New Course: Labor and Employment Under the Biden Administration,” Webinar (December 2021)
- “Offboarding: Strategies for a Successful Goodbye,” Webinar, Lorman Education Services (August 2021)
- “Hiring in a Competitive Marketplace – Pay Equity and Beyond,” Webinar, MRA (August 2021)
- “Employee Discipline for Conduct Outside of Work,” Webinar, Lorman Education Services (January 2021)
- “Minimizing Labor and Employment Litigation in the Coronavirus Pandemic,” Webinar, Business & Legal Resources (BLR) (July 2020)
- “Politics in the Workplace,” Webinar, Lorman Education Services (July 2020)
- “Litigation on the Horizon,” Indiana Chamber of Commerce 26th Annual Employment Law Seminar, Webinar (June 2020)
- “Age Discrimination in the Workplace,” Webinar, Lorman Education Services (January 2020)
- “Everything You Wanted to Know About Drug and Alcohol Testing but Were Afraid to Ask,” Webinar, Lorman Education Services (December 2019)
- “Biometric Class Action Wave on the Rise,” The Knowledge Group, New York, New York (September 2019)
- “Hot Topics in Data Privacy for Illinois Companies – BIPA & CCPA,” Game On: Fielding Developments in IP and Labor & Employment, Chicago, Illinois (June 2019)
- “Biometric Information Class Action Lawsuits – Is Your Company Ready?,” Webinar (April 2019)
- “Navigating Menacing Waters: Whether Injunctive Class Actions Are a Useful Way to Avoid Class-Certification Hurdles and Avoid Arbitration,” ABA 22nd Annual National Institute on Class Actions, Chicago, Illinois (October 2018)
- “Employee Arbitration Agreements After Epic Systems,” North Shore Labor Counsel, Chicago, Illinois (October 2018)
- “Little-Known Laws That Lead to Big Litigation,” Indiana Chamber of Commerce 24th Annual Employment Law Seminar, Indianapolis, Indiana (March 2018)
- “Understanding and Applying the New City and County Sick Leave Ordinances,” Hospital Employers Seminar (September 2017)
- “Understanding Serious Health Conditions Under the FMLA,” Webinar, Lorman Educational Services (August 2017)
- “Fair Labor Standards Act/Wage and Hour Litigation: Recent Developments and Key Topics for Employers,” Indiana Chamber of Commerce, 22nd Annual Employment Law Seminar, Indianapolis, Indiana (March 2016)
- “Wage & Hour Issues: Compliance in 2015 & Beyond,” Chicago Hospitality Employers Seminar, Chicago, Illinois (September 2015)
- “The Role of Criminal Records in Hiring: Easy Access, Difficult Decisions,” North Shore Labor & Employment Counsel, Chicago, Illinois (June 2014)
Media
- “How Can Employers Deal with Threatening Customers?“, SHRM (September 2023)
- “Meta’s Facial Recognition Lawsuit Underscores Enforcement Risk,” Bloomberg Law (February 2022)
- “Biden’s Vaccine Mandate May Be Tied Up in Court – But Employers Shouldn’t Wait to Enforce It, Say Legal Experts,” Fortune (November 2021)
- “Court Decisions Lay Out Path to Biometric Coverage,” Business Insurance (October 2021)
- “Biometric Law Limitation Period Clarified by Illinois Court,” Bloomberg Law (September 2021)
- “Noncompete Agreements Are About to Get More Prickly,” Crain’s Chicago Business (July 2021)
- “Offices Divided? As Workers Return, Some Businesses Will Treat the Unvaccinated Differently,” Chicago Tribune (July 2021)
- “She’s Losing Her Job Because She Won’t Get a COVID-19 Vaccine. Will More Health Care Providers Make It Mandatory for Workers?,” Chicago Tribune (May 2021)
- “Making the Case for Return to Office,” The Society for Human Resource Management (March 2021)
- “What If FFCRA Expires at the End of the Year?,” The Society for Human Resource Management (December 2020)
- “EEOC Issues Covid Vaccine Guidance on Workplace Bias Issues,” Bloomberg Law (December 2020)
- “Political Policies in a Tense Environment,” Agenda (October 2020)
- “Layoffs During Leave Require Adequate Documentation,” The Society for Human Resource Management (October 2020)
- “Navigating the Legal Questions of Workplace Returns,” Human Resource Executive (June 2020)
- “Wage and Hour Litigation Issues Loom for Employers,” Business Insurance (June 2020)
- “EEOC Makes Clear COVID Concerns No Excuse for Age Bias,” Law360 (June 2020)
- “Remote Work Policies Should Now Stress Flexibility,” HR News (April 2020)
- “DOL Issues Guidance on FFCRA’s Paid Parental Leave Requirements,” The Society for Human Resource Management (March 2020)
- “ADA, Coronavirus a Balancing Act: Experts,” Business Insurance (March 2020)
- “Ruling Against Facebook Could Propel Additional Biometric Lawsuits,” Business Insurance (August 2019)
- “No Consensus Seen for High Court Ruling on LGBT Protections,” Business Insurance (April 2019)
- “Why Biometrics in the Workplace Is a Growing Issue,” Podcast, XpertHR (March 2019)
- “Novel Biometrics Ruling Could Open Door to Lawsuits in Illinois,” XpertHR (February 2019)
- “Ruling in Senior Housing Suit Puts Treatment of LGBT Residents in Spotlight,” Senior Housing News (August 2018)
- Illinois Leading Lawyers – Emerging Lawyers, Employment Law (2015-2019)
- Burton Award for Distinguished Legal Writing (2014)
- Cabrini Green Legal Aid – Charles V. Hogren Outstanding Service Award (2008)
- American Bar Association
- Illinois State Bar Association
- Chicago Bar Association
- Society for Human Resource Management
- Cabrini Green Legal Aid, Young Professionals Board, Former Co-Chair
- Equip for Equality, Young Professionals Board
