Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a final rule providing guidance on the Pregnancy Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19...more
Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more
4/9/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Employer Liability Issues ,
Genetic Testing ,
Hiring & Firing ,
Job Applicants ,
Medical History ,
Penalties ,
Timekeeping
On March 12, 2024, the Eleventh Circuit affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants who volunteered at a public golf course operated by Palm Beach County,...more
In Whole Foods Market, Inc., Case 01-CA-26183, JD(SF)-39-23 (Dec. 20, 2023), National Labor Relations Board (NLRB) Administrative Law Judge Ariel Sotolongo held that Whole Foods did not violate federal law by enforcing its...more
What is the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance? On November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”), which goes into...more
On September 14, 2023, the Committee on Workforce Development, a procedural committee under the Chicago City Council, voted in favor of the One Fair Wage Ordinance, legislation that would phase out tipped minimum wages within...more
Since Illinois first enacted the Day and Temporary Labor Services Act (the “Act”) in 2006, the number of temporary workers in the state has more than doubled, from 300,000 to over 650,000 workers. The number of registered...more
New York is on the brink of joining the growing list of states and federal agencies that disfavor or outright ban non-compete agreements. On June 20, 2023, the New York legislature passed a bill that would prohibit employers...more
New Jersey’s adult-use cannabis law does not provide aggrieved individuals with a private right of action, according to a recent decision from a New Jersey federal court. The Cannabis Regulatory, Enforcement Assistance, and...more
Following a growing trend across the nation, on May 17, 2023, the Illinois House of Representatives passed a bill (previously approved by the Illinois Senate) that would make Illinois the 5th US state to require pay...more
With a passing vote from both the Illinois House and Senate on January 10, 2023, the new “Paid Leave for All Workers Act” is primed to become a new law guaranteeing almost all Illinois workers paid leave for any reason....more
On December 7, 2022, President Biden signed into law the Speak Out Act (the “Act”), which prevents courts from enforcing certain non-disclosure and non-disparagement clauses related to claims of sexual assault or harassment....more
On April 27, 2022, the Chicago City Council amended the Chicago Human Rights Ordinance (CHRO). The amendments bolster the city’s sexual harassment laws and include enhanced protections for victims of sexual harassment in the...more
What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule?
On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more
1/20/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the previously-issued stay on the Occupational Safety and Health Administration’s (OSHA) vaccine or testing requirement for private employers with at least...more
On May 25, 2021, the Illinois legislature passed an amendment to the Illinois Wage Payment and Collection Act that more than doubles the possible damages an employee can be awarded for a wage violation....more
On May 31, 2021, both Houses of the Illinois legislature unanimously passed legislation that, if signed by Governor Pritzker, will overhaul the enforceability of restrictive covenants in Illinois. The legislation1 amends the...more
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law the Employee Background Fairness Act, which bans the use of criminal convictions in employment actions in Illinois, with limited exceptions....more
On March 11, 2021, President Biden signed the highly anticipated American Rescue Plan Act of 2021, which provides additional measures to stimulate the economy and provide taxpayers with relief from the economic effects of the...more
3/18/2021
/ American Rescue Plan Act of 2021 ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Responsibilities ,
OSHA ,
Paid Leave ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Tax Credits ,
Unemployment Benefits
In 2015, Illinois became one of the first states to enact a “ban the box” law, preventing employers from inquiring about criminal histories on employment applications. The “ban the box” law followed a general prohibition in...more
On January 5, 2021, New York City Mayor Bill de Blasio signed two new laws that provide significant safeguards for workers in NYC’s fast food industry. Effective July 4, 2021, fast food employees who have completed an initial...more
The Families First Coronavirus Response Act (FFCRA), which went into effect back in March, required covered employers (those with fewer than 500 employees, with some exceptions) to provide emergency paid sick leave and...more
The U.S. Supreme Court issued a landmark decision on Monday, holding that Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of “sex,” bars employers from discriminating based on an employee’s...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In response to the continuing COVID-19 pandemic, on May 20, 2020, the City of Chicago passed the COVID-19 Anti-Retaliation Ordinance. The Ordinance prohibits Chicago employers from demoting or terminating an employee for...more
The Illinois Department of Human Rights (IDHR) has finally issued its long-awaited model sexual harassment prevention training program. As we covered here, the Workplace Transparency Act (WTA), which was passed in 2019,...more