It seems like a lifetime ago that we first posted on the legalization of cannabis in Illinois and its effect on Illinois employers, way back in November 2019. At that time we provided a detailed overview of the clarifications...more
There seems to be an almost daily litany of layoffs by large corporations that instantly become media fodder. For example, McDonald’s recent layoff, widely reported to have impacted hundreds of white collar employees, comes...more
4/27/2023
/ ADEA ,
COBRA ,
Equal Employment Opportunity Commission (EEOC) ,
Layoffs ,
OWBPA ,
Policies and Procedures ,
Reduction of Force ,
Separation ,
Termination ,
Wage and Hour ,
WARN Act
In another example of the Department of Labor (DOJ) pursuing criminal anti-trust cases against employers throughout the country, on October 27th, 2022, VDA OC, LLC (formerly Advantage On Call or AOC), a healthcare staffing...more
11/9/2022
/ Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Healthcare Workers ,
Nurses ,
Sherman Act ,
Staffing Agencies ,
Wage-Fixing ,
White Collar Crimes
If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act...more
In another glaring example of the National Labor Relations Board (“NLRB” or “Board”) moving further away from the previous administration, the Board recently held that employers must continue deducting union dues from...more
In a continuance of the labor-friendly trajectory of the National Labor Relations Board (NLRB) under the current administration, the 9th Circuit recently issued a decision upholding the right of the NLRB to award legal fees...more
If we were to tell you that the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) recently entered into a Memorandum of Understanding (MOU) “Regarding Information Sharing, Cross-Agency Training, and...more
8/5/2022
/ Collaboration ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Independent Contractors ,
Memorandum of Understanding ,
Mergers ,
Misclassification ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unfair Labor Practices
Join us on Wednesday, September 21 at noon for a live-stream of our Eighth Annual Labor & Employment Fall Seminar as we discuss hiring, onboarding and retention. Our attorneys will discuss everything from the initial...more
7/26/2022
/ Background Checks ,
Best Practices ,
Bonuses ,
Compensation ,
Diversity ,
Drug Testing ,
Employee Benefits ,
Employee Retention ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
Job Offers ,
Non-Compete Agreements ,
Wage and Hour ,
Webinars
On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s...more
6/29/2022
/ Collective Bargaining Agreements (CBA) ,
Contractors ,
Davis-Bacon Act ,
General Contractors ,
Governor Pritzker ,
Liability ,
Mechanics' Lien Acts ,
Performance Bonds ,
Property Owners ,
State Labor Departments ,
Subcontractors ,
Wage and Hour ,
Wage Payment and Collection Act
Perhaps flying under the radar of everyone except antitrust lawyers (and the employers who have been targeted), the Department of Justice (DOJ) has made a concerted push recently to use federal anti-trust laws as a tool to...more
Court decisions dealing with and interpreting the Illinois Prevailing Wage Act do not occur with great regularity. So when an interesting decision comes down, we feel it is worth reporting on and should be noted by those...more
Signed into law on October 7, 2021 by California Governor Gavin Newsom and effective January 1, 2022, the “Silenced No More Act” amends and expands the previous Stand Together Against Non-Disclosures (STAND) Act.
The...more
The United States Department of Labor released a long-awaited Emergency Temporary Standard (“ETS”) for private employers with over 100 employees. The 490 page interim final rule answers a number of questions employers have...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
New Guidance ,
OSHA ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Seasonal Workers ,
Temporary Employees ,
Vaccinations ,
Virus Testing
In the past several months there has been a flurry of Executive Orders and other legally binding rules regarding vaccine mandates. Standing first and above the rest are the Executive Order by the Biden Administration...more
11/4/2021
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Governor Abbott ,
Governor Reynolds ,
OSHA ,
Religious Beliefs ,
Religious Exemption ,
Vaccinations ,
Virus Testing
On September 9, 2021 President Biden announced sweeping new vaccine mandates for federal employees, federal contractors, and an upcoming OSHA Emergency Temporary Standard Rule for companies with more than 100 employees. In...more
9/13/2021
/ Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Masks ,
OSHA ,
Popular ,
Service Contract Act ,
Social Distancing ,
Vaccinations ,
Virus Testing
Starting from the early days of the COVID-19 pandemic both federal and state governments have provided assistance to businesses struggling with the economic impact of the pandemic. Specifically, federal, state, and public...more
On June 10, 2021 OSHA issued its COVID-19 Emergency Temporary Standard (ETS) for the health care industry, along with general guidance for all other employers, which we already touched on in a previous post. However, there...more
A federal judge in Texas on June 12, 2021 dismissed a lawsuit brought by Texas health care workers challenging their hospital’s COVID-19 vaccine mandate. The scathing opinion by U.S. District Judge Lynn N. Hughes left no...more
Given the “new normal” of remote work for many employees throughout the country, the question as to whether to allow an employee to work in another state – either permanently or temporarily – has become something employers...more
3/9/2021
/ Confidential Information ,
Coronavirus/COVID-19 ,
Employment Policies ,
Job Duties ,
Out-of-State Employees ,
Remote Working ,
State Labor Laws ,
State Taxes ,
Timekeeping ,
Unemployment Insurance ,
Workers’ Compensation
On November 17, 2020, the Equal Opportunity Commission (EEOC) proposed an update to its Compliance Manual’s section on Religious Discrimination. The proposed Manual is open for public comment until December 17, 2020, after...more
On September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973. This new pay reporting law applies to private employers in California: (a) with 100 or more employees; and (b) that are required to...more
On July 8, 2020 the United States Supreme Court ruled that the U.S. civil rights laws barring discrimination on the job do not apply to most lay teachers at religious elementary schools. The decision extends earlier Supreme...more
7/14/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Ministerial Function ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
Teachers
On June 15, 2020 the United States Supreme Court handed down a momentous decision ruling that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects gay and transgender employees from workplace discrimination. The...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In an update to our previous blog on Illinois extending its stay-at-home order through May 30, 2020, Governor Pritzker’s latest Executive Order on COVID-19 (Executive Order No. 2020-32), issued April 30, 2020, mandates that...more
With the constantly shifting state and local stay-at-home orders and the potential relaxing of these orders on the horizon, the question for employers still remains: What do we do if an employee has COVID-19?
Once an...more