Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more
5/21/2024
/ Choice-of-Law ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exceptions ,
Forum Selection ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Regulatory Requirements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws ,
Washington
Illinois is the latest in a growing trend among states and cities throughout the country to enact salary transparency laws. Illinois joins the ranks of California, Washington and Colorado, among others, requiring employers to...more
8/22/2023
/ Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Illinois ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Pay Transparency ,
Regulatory Agenda ,
State Labor Laws ,
Termination ,
Wage and Hour
For those employers who have not yet modified their Minnesota employment and non-compete templates, the time is now. Pursuant to MN SF 3035, as of July 1, 2023, Minnesota employers are prohibited from entering into...more
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
Recently, Illinois became the third state to pass a mandatory paid time off law called the “Paid Leave for All Workers Act” (the “Act”), which grants employees a minimum of 40 hours of paid time off per year for any reason....more
2/23/2023
/ Employees ,
Employer Liability Issues ,
Governor Pritzker ,
Illinois ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Recordkeeping Requirements ,
Regulatory Mandates ,
State Labor Laws ,
Timekeeping
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
Courts and state legislatures continue to take aim at post-employment non-competes. In a companion blog, we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. However, for...more
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
For those larger Illinois employers who have not yet reported payroll and diversity data to the Illinois Department of Labor (the “IDOL”), now may be the time. The IDOL recently issued guidance to help employers navigate...more
6/10/2022
/ Discrimination ,
Employer Liability Issues ,
Equal Pay ,
Illinois ,
Legislative Agendas ,
Pay Equity Laws ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
State Legislatures ,
Wage and Hour
Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation...more
On September 9, 2021, the White House released a memorandum titled “Path Out of the Pandemic,” which detailed President Biden’s COVID-19 Action Plan. The memorandum contains six priorities for combatting the COVID-19...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
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
Because nearly every company has a workforce, labor and employment issues permeate nearly every transaction. Employment-law successor liability presents a substantial risk in transactions even when purchase agreements...more
As we wrote earlier this year, every employer with employees working in Illinois is required to provide employees with sexual harassment prevention training that complies with the Illinois Human Rights Act (“IHRA”). The...more
On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. The CARES Act is the most expansive economic stimulus package in American history. The Act...more
4/2/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Families First Coronavirus Response Act (FFCRA) ,
Paid Leave ,
Paycheck Protection Program (PPP) ,
Retirement Funds ,
SBA ,
Small Business Loans ,
Social Security Taxes ,
Tax Credits ,
Unemployment Insurance
On March 20, 2020, Illinois Governor J.B. Pritzker issued a mandatory “Stay-at-Home” Order, located here, directing all Illinois residents to stay home or at their place of residence. The Order takes effect beginning...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
Chicago Mayor Lori Lightfoot is expected to sign into law the City Council’s recently passed Chicago Fair Workweek Ordinance (the “Ordinance”). The Ordinance, which includes predictable scheduling provisions, will...more
Washington State will have new restrictions on what employers can ask applicants regarding their wage and salary history starting July 28, 2019. The new legislation will prohibit employers from seeking wage or salary history...more
Last August, we wrote about a Chicago ordinance requiring hotel employers to, among other things, equip hotel employees assigned to work in guestrooms or restrooms with portable emergency contact devices. The emergency...more
In the aftermath of the Illinois Supreme Court’s Rosenbach decision, Illinois employers have faced a wave of class action litigation filed under the Biometric Information Privacy Act (“BIPA”). Employers hoping for relief from...more
In an effort to continue to raise awareness of human trafficking and provide available services to victims, beginning October 14, 2018, lodging facilities in New York State were required to provide informational cards in...more