On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more
6/20/2024
/ Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Labor Relations ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Starbucks ,
Starbucks Corp. v McKinney ,
Unfair Labor Practices ,
Union Elections ,
Unions
In an anticipated yet groundbreaking turn of events, on April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a Final Non-Compete Clause Rule (the “Final Rule”) which bans U.S. employers from using...more
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...more
In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more
4/25/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Collective Bargaining Agreements (CBA) ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
LMRA ,
Personal Data ,
Personally Identifiable Information ,
Preemption
Governor Pritzker has signed into law the recently passed “Paid Leave for All Workers Act” (“PLAWA”), guaranteeing paid time off for virtually all working Illinoisans. Set to go into effect on January 1, 2024, the PLAWA will...more
In a reminder that it takes more than a big paycheck to be exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”), the U.S. Supreme Court held in Helix Energy Solutions Group, Inc. v. Hewitt that a...more
2/28/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions
On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more
2/20/2023
/ Accrual Requirements ,
Biometric Information ,
Biometric Information Privacy Act ,
Damages ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Personal Data ,
Personally Identifiable Information
The Illinois Biometric Privacy Act (“BIPA”) has been a fertile source of class action litigation in recent years as courts continue to grapple with the scope of potential liability of employers and other entities who have...more
2/13/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employees ,
Employer Liability Issues ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
Statutory Violations
On December 29, 2022, President Biden signed the 2023 Omnibus Spending Bill into law. Buried in the legislation were two new laws providing additional protection for pregnant and nursing employees in the workplace: the...more
1/12/2023
/ Breastfeeding ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation