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Chicago City Council Passes Ordinance Requiring Nonprofit Contractors to Enter into Labor Peace Agreement with Unions

On March 15, 2023, the Chicago City Council overwhelmingly voted to approve an ordinance requiring labor peace agreements between workers and Chicago-funded nonprofit organizations providing critical public health and social...more

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

Your Neutral Uniform Policy May Violate the NLRA

In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied...more

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Federal Judge Upholds Indiana University’s Vaccine Mandate

Yesterday, a federal district court judge from the Northern District of Indiana denied the issuance of a preliminary injunction that would have halted Indiana University’s COVID-19 vaccine mandate for students. This decision...more

How Religious are You? Catholic University Withdraws Recognition from Union Claiming Religious Exemption

The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational...more

Illinois Community Colleges Cannot Replace Laid Off Tenured Faculty with Adjuncts

On December 17, 2020, the Illinois Supreme Court ruled that a community college violated the Illinois Public Community College Act when it replaced laid off tenured faculty members  with adjunct faculty. The case addressed...more

Illinois Supreme Court Agrees with City of Chicago regarding Destruction of Police Officer Misconduct Records

In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more

Guidance for Developing Appeals Process of Unsatisfactory Ratings Under Public Act 101-0591

On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591, which added Section 24A-5.5 to the School Code. Section 24A-5.5 requires school districts to create an appeals process for teachers who receive...more

Settled: Paid Sick Leave Must Be Taken Immediately After Birth

The Illinois Supreme Court ruled in Dynak v. Board of Education of Wooddale School District 7 that a teacher’s use of paid sick leave for the birth of a child must be taken during the six-week period immediately following the...more

Illinois Adopts Sweeping Rule Presuming Workers’ Compensation Coverage for Coronavirus-Impacted Workers

On April 13, 2020, the Illinois Workers’ Compensation Commission (IWCC) issued an emergency rule creating a rebuttable presumption that first responders and other essential workers identified in Governor Pritzker’s March 20...more

NLRB to Lift Suspension on Board-Conducted Elections

On March 19, 2020, the National Labor Relations Board (“Board)” suspended all representation elections, including mail ballot elections, until April 3, 2020. This week, the Board announced it will not extend its temporary...more

Remote Learning and the Duty to Bargain During Coronavirus Pandemic

As we previously reported, on March 27, 2020, the Illinois State Board of Education (ISBE) and the Governor issued several resource documents that address changes to the remote learning landscape in Illinois schools during...more

Post-Janus Legislation Weakens Impact of Supreme Court’s Decision and Imposes Heightened Requirements on Public and Educational...

Senate Bill 1784, which passed both houses of the General Assembly and currently is awaiting the Governor’s signature, contains several provisions that weaken the impact of the United States Supreme Court’s Janus decision and...more

Non-Union Members Denied Fair-Share Fee Refunds After Janus

Earlier this month, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585,...more

Takeaways for College, University, and K-12 Leaders from Recent Harvard Race Discrimination Decision

On October 1, a federal trial court in Massachusetts upheld Harvard University’s use of race in its admissions process against a challenge that the policy discriminates against Asian-American students on the basis of race....more

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more

What You Need to Know About the NLRB’s Proposed Rule Blocking Student Organizing

The seemingly never-ending debate over private sector college- and university-student employment status continues. On Friday, September 20, the National Labor Relations Board (NLRB) announced its intent to propose a rule...more

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more

Governor Signs Law Requiring Collectively Bargained Appeals Process for “Unsatisfactory” Ratings

On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591 (formerly Senate Bill 1213), creating an appeals process for teachers who receive unsatisfactory summative ratings. Beginning with the 2019-2020 school...more

The First Rollout of Proposed Amendments to the NLRB’s Election Rules

On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s...more

A Mandated Dress Code for Parents? Legal Issues School Leaders Should Know

No ripped jeans. No sagging pants. No satin caps or bonnets. These are a few of the new dress code rules for parents set forth by a principal at a Texas High School. Although school dress codes for students are commonplace,...more

Another Obama-Era NLRB Precedent Bites the Dust: A Swing Back Toward the Importance of “Entrepreneurial Opportunity” in...

On January 25, 2019, the National Labor Relations Board (“NLRB”) issued its decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union, overturning the Obama-era decision in FedEx Home Delivery, which downplayed the...more

BREAKING: Supreme Court Rules “Fair Share Fees” Unconstitutional

As widely anticipated, the U.S. Supreme Court just held by a 5-4 vote that fair share agreements are unconstitutional. (Janus v. AFSCME). The decision is effective immediately and requires all public bodies to cease...more

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