Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With...more
2/18/2022
/ Appeals ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Mootness ,
Personal Protective Equipment ,
Risk Mitigation ,
School Policies ,
Students ,
Teachers ,
TRO ,
Workplace Safety
Since yesterday, there have been many reports about the Joint Committee on Administrative Rules (JCAR) vote against extending IDPH Emergency Rules regarding masking, vaccine and testing requirements in schools. This has...more
2/16/2022
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Quarantine ,
School Policies ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, a court ruling in Springfield resulted in a temporary restraining order enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. Approximately 150 of Illinois’ 840...more
2/7/2022
/ Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Motion To Enjoin ,
Personal Protective Equipment ,
School Districts ,
Students ,
Teachers ,
TRO ,
Workplace Safety
On Thursday, the U.S. Occupational Health and Safety Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring employers with 100 or more employees to mandate vaccinations or weekly testing...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Thursday night, October 28, 2021, the Illinois General Assembly passed House Floor Amendment 3 to Senate Bill 1169, which amends the Health Care Right to Conscience Act (HCRCA) to allow employers the right to “take any...more
154 school districts, Governor Pritzker, IDPH and ISBE have been sued in an attempt to abolish school district masking and quarantine requirements. The complaint was filed on October 20, 2021 in Macoupin County Circuit Court....more
In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S....more
9/23/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Penalties ,
Restaurant Industry ,
Tipped Employees ,
Tips ,
Wage and Hour
Wage and hour law is full of traps for the unwary. Even compensation practices that are well-accepted across an entire industry can sometimes create huge headaches for employers in the face of a legal challenge....more
9/17/2021
/ Day-Rate Pay ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
On September 9, 2021, President Biden announced a major initiative entitled the “Path out of the Pandemic.” The initiative includes an executive order requiring vaccinations for nearly all federal employees and contractors...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
Like many higher education institutions, Indiana University will require all students, faculty, and staff to get a COVID-19 vaccine before returning to campus this fall, subject to certain exemptions. Eight students who...more
8/5/2021
/ Colleges ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
Educational Institutions ,
Fourteenth Amendment ,
Health and Safety ,
Infectious Diseases ,
School Policies ,
Students ,
Universities ,
Vaccinations
Wage and hour violations in Illinois just got a lot more expensive. On Friday, July 9, 2021, Governor Pritzker signed an amendment to the Illinois Wage Payment and Collection Act that increases the penalty for underpaying...more
On May 13, 2021, the U.S. Centers for Disease Control and Prevention issued updated guidance advising that fully-vaccinated people no longer need to wear a mask or physical distance in any setting, except where required by...more
In new guidance, the IRS confirms that non-federal government employers may now be able to claim a tax credit to cover the cost of voluntarily providing paid sick and family leave to employees for COVID-19 related reasons....more
4/26/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
IRS ,
Paid Sick Leave ,
Public Employers ,
Relief Measures ,
Tax Credits ,
Tax Planning
In week ten, the Biden administration’s labor and employment activity includes the Senate confirmation of Marty Walsh as Labor Secretary, the nomination of former CEO of the Democratic National Committee to the Solicitor of...more
On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. ...more
3/29/2021
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Legislation ,
State and Local Government ,
State Labor Laws
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
In week nine, the Biden administration’s labor and employment...more
3/23/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Workplace Safety
In week eight, the Administration’s labor and employment activity includes the passage of the $1.9 trillion COVID-19 relief bill, the House’s passage of the PRO Act labor law reform bill, and the upcoming Senate confirmation...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unions ,
Wage and Hour
In week six, the Administration’s labor and employment activity includes a major roadblock to the $15 federal minimum wage increase, an extension of unemployment benefits by the DOL, and unexpected silence by the...more
3/1/2021
/ Amazon Marketplace ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
Unemployment Insurance ,
Unions ,
Wage and Hour
In week five, the Administration’s labor and employment activity includes a new NLRB General Counsel appointee, an executive order revoking Trump’s industry-led apprenticeship program, the DOL’s continual withdrawal of Trump...more
2/22/2021
/ Administrative Appointments ,
Apprenticeships ,
Biden Administration ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRB General Counsel ,
Wage and Hour
In anticipation of Valentine’s Day, SHRM published an article highlighting a new survey on office romances. Among the key findings of the survey: 34% of employees are or have been in a workplace romance, compared to 26% in...more
In week four, the Administration’s labor and employment activity includes further reversal of Trump era initiatives at the National Labor Relations Board (NLRB), including a move to protect “Scabby the Rat”, the nomination of...more
2/15/2021
/ Administrative Appointments ,
Biden Administration ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unemployment Insurance ,
Unions ,
Wage and Hour
In week two, the Biden administration shook things up at the National Labor Relations Board with the firing and replacement of General Counsel Peter Robb, walked back President Trump’s pro-independent contractor agenda at the...more
2/1/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NLRB General Counsel ,
OSHA ,
Race Discrimination ,
Tip-Pooling
During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground...more
1/22/2021
/ Administrative Appointments ,
Bias ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Regulatory Reform ,
Workplace Safety
There has been extensive reporting on the $1.9 trillion COVID-19 relief bill just released by President-elect Joe Biden’s transition team. News reports have highlighted key aspects of the plan including additional $1,400...more
1/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Essential Workers ,
Families First Coronavirus Response Act (FFCRA) ,
Hazard Pay ,
Infectious Diseases ,
Labor Reform ,
Legislative Agendas ,
Minimum Wage ,
OSHA ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tip Credit ,
Wage and Hour
Last week, Congress reached a deal on a second pandemic relief package which includes the enactment of the Economic Aid to Hard-Hit Small Business, Nonprofits, and Venues Act (Act), which has now been signed by President...more