In a blog earlier this year, we discussed the Delaware Chancery Court’s refusal to enforce a sale of business non-compete in Kodiak Building Partners, LLC v Adams. We wondered then whether Kodiak represented a one-off...more
In a victory for the plaintiffs’ bar, the Illinois Supreme Court has ruled that all claims under Illinois’s Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., are subject to a five-year statute of...more
2/3/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
IL Supreme Court ,
Stays ,
Written Consent
On January 5, 2023, the Federal Trade Commission (“FTC”) announced a broad proposed rule that would ban employers from imposing noncompete clauses on their workers. The FTC press release announcing the proposed rule states...more
1/9/2023
/ Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Rules ,
Regulatory Agenda ,
Restrictive Covenants ,
Unfair Competition
A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more
9/2/2022
/ Appeals ,
Business Litigation ,
Discrimination ,
Due Diligence ,
Employer Liability Issues ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Investigations ,
Liability ,
Purchase Agreement ,
Title VII
On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits...more
9/2/2022
/ Choice-of-Law ,
Choice-of-Venue ,
Colorado ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Highly Compensated Employees ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice Requirements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
Over the past two years, employee mobility seems to be at an all-time high. In fact, the labor market is so fluid that pundits and experts often refer to it as the “Great Resignation.” Although employee mobility can be a...more
On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements. On May 30, 2021, the Illinois General Assembly passed a...more
8/27/2021
/ Employer Liability Issues ,
Employment Contract ,
Enforceability ,
Governor Pritzker ,
Illinois ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Noncompliance ,
Restrictive Covenants ,
State and Local Government ,
Trade Secrets
In January 2020, Illinois legalized the use of recreational marijuana through the Cannabis Regulation and Tax Act (“the Act”). Two months later, many employees began working remotely because of the pandemic. Today,...more
7/29/2021
/ Cannabis Products ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Labor Regulations ,
Marijuana ,
New Legislation ,
Policies and Procedures ,
Remote Working ,
State and Local Government ,
State Labor Laws
Following a nationwide trend, Illinois has proposed significant legislation affecting employee restrictive covenants, such as non-compete agreements. While the proposed law does not dramatically change most aspects of the...more
Illinois’s Governor J.B. Pritzker recently signed Senate Bill 1480 into law, establishing new employer certification and reporting requirements, making sweeping changes to Illinois’s anti-retaliation law, and curtailing...more
5/12/2021
/ Amended Legislation ,
Anti-Retaliation Provisions ,
Certifications ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Governor Pritzker ,
Human Rights Act ,
New Legislation ,
Reporting Requirements ,
State and Local Government ,
State Legislatures
From due diligence to post-acquisition, there are various labor and employment issues that businesses should pay attention to in order to ensure smooth corporate transactions and integrations. Employee classifications and...more
Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping,...more
12/10/2020
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On February 6, Representative Natalie Manley filed House Bill 4699 with the Illinois House of Representatives. If enacted, the bill would amend the Illinois Freedom to Work Act (“IFWA”) with respect to the legality of...more
The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more
1/10/2020
/ Arbitration ,
Arbitration Agreements ,
Artificial Intelligence ,
Casinos ,
Confidentiality Agreements ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Fair Workweek ,
Federal Arbitration Act ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
Human Rights ,
Human Rights Act ,
Human Trafficking ,
Interviews ,
Job Applicants ,
Local Ordinance ,
Medical Marijuana ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history.
The law amends the Equal Pay Act of 2003, which made it...more
8/5/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Governor Pritzker ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
Sheppard Mullin invites you to the second in a series of breakfast briefings in our Chicago office addressing domestic and global employment law developments, legislation, and trends affecting the workplace. Each briefing...more