Tom Luetkemeyer concentrates his practice in the areas of labor and employment law and corporate health care law.
Tom represents management employers around the country in the full range of labor and employment matters. His practice includes work before federal administrative agencies such as the EEOC, the U.S. Department of Labor, the OFCCP and OSHA. He regularly appears before state agencies with jurisdiction over employers, including the Illinois Department of Human Rights and other similar state agencies with responsibility for enforcing laws prohibiting discrimination in the work place. He regularly defends employment litigation matters, and has defended complex discrimination class actions and wage/hour collective actions.
Tom also is involved with state departments of labor and other similar agencies. He represents employers in a variety of union-related concerns, including organization drives, collective bargaining, strikes, secondary boycotts, decertification and administrative hearings before the National Labor Relations Board.
In his health care practice, Tom regularly represents hospitals, group practices and individual physicians in general corporate matters. He advises clients on organizational and structural issues concerning joint ventures, sales of operating entities, physician recruitment, fraud and abuse, Stark I and II, tax exemption issues, shareholder relations and executive compensation. Tom frequently appears before a variety of Illinois administrative agencies, including the Illinois Department of Professional Regulation, the Illinois Department of Public Aid and the Illinois Department of Public Health.
Professional Background
Tom is an Adjunct Professor at Loyola University of Chicago School of Law and teaches labor law, employment law and employment discrimination.
Tom joined Hinshaw & Culbertson LLP in January 1985. He serves as the in-house counsel on the firm's employment matters.
Professional Affiliations
- Chicago Bar Association
- Illinois State Bar Association
Honors & Awards
- Selected by his peers for inclusion in The Best Lawyers in America© for Employment Law - Management, 2023 – 2025
- Recognized on the Super Lawyers list by Illinois Super Lawyers magazine, 2005 – 2023
- Received the Francis J. Rooney / St. Thomas More Award from Loyola University School of Law, an annual award given to an alumnus for outstanding loyalty and dedicated service to the school, October 2012
- Recognized by his peers as a "Leading Lawyer" in the area of Employment Law: Management
- Holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability
Presentations
Tom frequently speaks to educational, business, legal, and professional association audiences on labor and employment and health care topics, including wage and hour issues and sexual harassment. He also speaks on the impact of other state and federal laws affecting the employee-employer relationship. His presentations over the past 10 years have included:
- "Illinois Paid Leave for All Workers Act," Hinshaw & Culbertson LLP, Webinar, December 6, 2023
- Co-Presenter, "Tumult at the National Labor Relations Board (NLRB)," Hinshaw's 27th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 19, 2023
- Co-Presenter, "The Impact of Students for Fair Admissions, Inc. on Affirmative Action and Diversity, Equity, and Inclusion Initiatives," Hinshaw's 27th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 19, 2023
- Co-Presenter, "Lessons from Ethics Counsel," Family Business General Counsel Seminar, Chicago, Illinois, June 22, 2023
- Co-Presenter, "Union Activity and Labor Organizing in the Current Environment," Hinshaw's 26th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 27, 2022
- Co-Presenter, "Arbitration Developments: State Legislation, Policy Considerations, and Waivers," Hinshaw's 26th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 27, 2022
- Co-Presenter, “Supreme Court Decision on OSHA ETS and CMS Interim Rule: What Are the Practical Ramifications?,” Hinshaw & Culbertson LLP, Webinar, January 19, 2022
- Co-Presenter, "Wage & Hour Issues in the Equine Industry," 35th Annual National Conference on Equine Law Presented by The University of Kentucky's Rosenberg College of Law, Virtual Event, April 29, 2021
- "Medical Facts and Legal Options: COVID-19 Vaccine Initiatives in the Workplace," Hinshaw L&E Presentation, Virtual Event, February 3, 2021
- Co-Presenter, "Whistleblower and Retaliation Claims in the COVID Era," Hinshaw's 25th Annual Labor & Employment Seminar, Virtual Event, October 27, 2020
- "When the ADA and ADEA Collide," EEOC TAPS Conference, Lombard, Illinois, August 28, 2018
- "Navigating Troubled Waters: Dealing With the Impaired Lawyer," 2018 Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 5, 2018
- Moderator "Behind the Curtain: A Panel Discussion with Plaintiffs' Employment Counsel," Hinshaw's Annual Labor & Employment Seminar, Hilton Chicago-Northbrook, Northbrook, Illinois, October 12, 2017
- "Conducting an Effective Internal Investigation," Equal Employment Opportunity Commission EXCEL Conference, Chicago, Illinois, June 2017
- "The First 100 Days—The Trump Administration and Labor and Employment Law," Hinshaw University, Chicago, Illinois, June 2017
- "Antitrust Issues in Labor Law for Law Firms," General Counsel Roundtable, Chicago, Illinois, May 2017
- "Future of Class Action Waivers in Arbitration Agreements," Chicago Kent School of Law, Chicago, Illinois, March 2017
- "A Discussion with the Agencies Focus, Initiatives and Guidance," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2016
- "Employment Law Update 2016: New Rules, New Challenges," 2016 Illinois Private Duty Fall Symposium, Normal, Illinois, September 15, 2016
- "Radiology Legal Update 2016," College Of Imaging Administrators, Eighteenth Annual Spring Assembly, Lisle, Illinois, May 5, 2016
- "Fly on the Wall: A Conversation Among L&E Lawyers," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2015
- "Pregnancy Discrimination: The Intersection of Title VII and the ADA," 2015 EEOC Chicago Area Seminar, Chicago, Illinois, August 5, 2015
- "Appellate Issues in Administrative Review," 6th Annual Illinois Administrative Law Conference, Chicago, Illinois, June 2015
- "Legal Issues in Hiring — A Workshop", Office of the Illinois Attorney General, Chicago, Illinois, May 2015
- "2015 Health Care and Employment Law Update", College of Imaging Administrators, Lisle, Illinois, May 2015
- "Workplace Discrimination: Current Issues in Employment Law," Illinois State Bar Association / Taft Stettinius & Hollister LLP, Chicago, Illinois, April 2015
- "Gov. Rauner's Executive Order & Public Unionism," Loyola University School of Law, Chicago, Illinois, April 2015
- "Brave New World: Employee Access to Employer Email Systems," national webinar, Hinshaw & Culbertson LLP, February 2015
- "Valuing Employment Cases: Plaintiff and Defense Perspectives," National Employment Lawyer's Association Seventh Circuit Conference, Chicago, February 2015
- "When the Lawyer Is a Creditor and the Client Is the Debtor -- The ethical and legal considerations of collecting fees," Sixth Annual Saint Ignatius Law Society Continuing Legal Education Course, Chicago, Illinois, November 2014
- "The Labor & Employment Year in Review," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2014
- "What Practitioners want ALJs and Hearing Officers to Know," Chicago Bar Association, Chicago, Illinois, June 2014
- "Documentation, Discipline and Discharge," Community Bankers Association of Illinois Employee Benefits Seminar, Lisle, Illinois, June 2014
- "Interpreting and Negotiating Employment and Compensation Contracts," American Gastroenterological Association Annual Meeting, Chicago, Illinois, June 2014
- "Legal Update," Annual Meeting of the College of Imaging Administrators, Lisle, Illinois, May 2014
- "The Ethical and Legal Implications of Implicit Bias," Fifth Annual Saint Ignatius Law Society Continuing Legal Education Course, Chicago, Illinois, November 2013
- "An Ounce of Prevention Beats a Pound of Cure," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2013
- "Evidentiary Issues Pertaining to Expert Witness Testimony," 4th Annual Illinois Administrative Law Conference, Chicago Bar Association, Chicago, Illinois, June 2013
- "Legal Update," Fifteenth Annual Spring Assembly of the College of Imaging Administrators, Lisle, Illinois, April 2013
- "Lessons from Sandusky/Internal Investigations," Fourth Annual St. Ignatius Law Symposium, November 2012
- "Oversight Responsibility and Liability for Corporate Officers and Directors," Hinshaw's Annual Health Care Conference, Lisle, Illinois, November 2012
- "Systemic Discrimination in the Workplace," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2012
- "Evaluation of Witness Credibility and Effective Witness Presentation," 3rd Annual Administrative Law Conference, Chicago Bar Association and the State of Illinois Office of the General Counsel's Administrative Hearings Review Committee, Chicago, Illinois, June 2012
- "Deposition of the Imaging Center Administrator," a workshop and mock deposition, College of Imaging Administrators, Lisle, Illinois, April 2012
- "Ownership Transition: Passing the Torch Without Getting Burned," Illinois Society of Professional Engineers, live webinar, January 2012
- "Collective Actions Against Hospitals and Large Providers Under the FLSA," Hinshaw's Annual Healthcare Conference, Lisle, Illinois, November 2011
- "Emerging Legal and Ethical Issues in Law Firm Management," Saint Ignatius Law Society's 3rd Annual CLE Course, Chicago, Illinois, November 2011
- "Old Timers vs. Newbies: Collaboration-Based Solutions for Ownership Transition," American Institute of Architects—Illinois Chapter's 2011 Annual Meeting, Lisle, Illinois, November 2011
- "FLSA Collective Actions & Rule 23," Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, October 2011
- "Deposition of the HR Professional," an interactive workshop session, Hinshaw's Annual Labor & Employment Seminar, Hoffman Estates, October 2011
- "Mediating Workplace Discrimination Disputes," and 'The Deposition of the Human Resources Professional," United States Equal Employment Opportunity Commission TAPS Seminar, Lincolnshire, Illinois, August, 2011
- "Impact of Walmart Stores v. Dukes," Hinshaw Executive Briefing, Chicago, Illinois, July 2011
- "Legal Update for Imaging Centers," College of Imaging Administrators, Downers Grove, Illinois, April 2011
Publications
-
"FTC Faces Setback in U.S. District Court Over Noncompete Rule," Friday Facts newsletter, Illinois Road & Transportation Builders Association, July 12, 2024
- Co-Author, "How To Evaluate and Investigate a Discrimination Case from the Plaintiff and Defense Perspectives," Chapter 5, Employment Discrimination: Practice and Procedure 2022 Edition, Illinois Institute of Continuing Legal Education, April 2022
- Co-Author, "New EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions," Illinois Banker, August 2012
- Chapter Author, "Employment Discrimination and Discharge," IICLE's Handbook on Employment Termination, May 2002
News
- August 15, 2024One Lawyer Also Honored as "Lawyer of the Year"
- July 19, 2024
- March 19, 2024
- December 18, 2023
- August 17, 2023One Lawyer Also Honored as "Lawyer of the Year"
- August 18, 2022Two Lawyers Also Honored as "Lawyer of the Year"
- May 11, 2022
- August 7, 2020
Blog Posts
- Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions Tom H. Luetkemeyer, Lauren Swanson
- Texas Federal Judge Strikes Down FTC’s Noncompete Ban Jason S. Greenfield, Tom H. Luetkemeyer
- FTC Faces Setback in U.S. District Court Over Noncompete Rule
- U.S. Supreme Court Rejects Relaxed Standard for Injunctive Relief Under Section 10(j) of the National Labor Relations Act
- Hinshaw Insights for Employers Alert: Chicago Adopts Significant New Paid Leave Requirements Tom H. Luetkemeyer, Aimee E. Delaney, V. Brette Bensinger
- NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election
- NLRB General Counsel Memo Argues Non-Compete Agreements Violate the NLRA
- NLRB Decision that Broadly-Worded Confidentiality Provisions in Separation Agreements are Unlawful Raises Important Questions
- General Counsel of NLRB Seeks to Revoke Right of Employers to Recognize a Union on a Voluntarily Basis and Insist on a Private Ballot Election
- Reacting to COVID-19 Delta Variant Outbreaks, OSHA Issues Updated Guidance
- The Scabby Saga Continues
- U.S. House Seeks Drastic Revision of Labor Law with Protect the Right to Organize Act of 2021 Tom H. Luetkemeyer, Aimee E. Delaney
- OSHA Updates its Employer Guidance on COVID-19-Related Fatality Reporting
- NLRB Weighs in on the Issue of Employer Neutrality Agreements and Section 7 Rights
- Escape Clause in Mandatory Arbitration Agreement Carries the Day for Employer in NLRB's Unfair Labor Practice Analysis
- Medical Staff Member Deemed Independent Contractor, Not Eligible for Title VII Protection
- EEOC Issues Guidance on Opioid Use and Accommodation in the Workplace
- NLRB Clarifies its Section 7 Evidentiary Standard for Evaluating Employer Discipline for Employee Abusive Conduct
- U.S. Supreme Court Holds Section 1981 Racial Discrimination Claims Require But-For Causation
- Federal Court Allows ADEA Disparate Impact Claims over Employer Policies to Proceed
Employment Law Observer
Hinshaw Publications
- April 25, 2024Insights for Employers
- Insights for Employers
- March 23, 2023Insights for Employers
- February 11, 2022Insights for Employers
- January 14, 2022Health Care Alert
- January 14, 2022Insights for Employers
- December 19, 2021Insights for Employers
- Health Care Alert
- Sixth Circuit Selected in Lottery Process to Preside Over Legal Challenges to OSHA's Vaccination ETSNovember 17, 2021Insights for Employers
- November 15, 2021Insights for Employers
- June 9, 2021Insights for Employers
- May 18, 2021Insights for Employers
- April 22, 2021Insights for Employers
- August 7, 2020Insights for Employers
- March 26, 2020Insights for Employers
- March 19, 2020Insights for Employers
- March 18, 2020Insights for Employers
- December 5, 2019Lawyers for the Profession®
- November 25, 2019
- August 28, 2019
Practices
Industries
Education
J.D., Loyola University Chicago School of Law, 1982
B.S., magna cum laude, Loyola University Chicago, 1979
B.A., magna cum laude, Loyola University Chicago, 1979
Admissions
- Illinois
- U.S. District Court for the Central, Northern, and Southern Districts of Illinois
- U.S. District Court for the Northern District of Indiana