As we reported last month, the U.S. Equal Employment Opportunity Commission’s (EEOC) extended deadline to file a 2023 EEO-1 Component 1 report (for covered entities) was July 9, 2024. That date now behind us, what’s a company...more
The rise of artificial intelligence (AI) in personnel management has ushered in a new era of efficiency and productivity, but it also raises important questions about compliance with labor laws. The U.S. Department of Labor...more
Over the objections of the business community, Chicago’s City Council last week adopted one of Mayor Brandon Johnson’s signature policy goals of his young mayorship, doubling paid leave benefits for nearly all employees...more
In the wake of the Supreme Court’s decision invalidating affirmative action at America’s colleges and universities, a flurry of lawsuits challenging private employers’ diversity and inclusion programs have been filed around...more
10/17/2023
/ ADEA ,
Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Bias ,
Disability Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Compensation ,
Pay Equity Laws ,
SCOTUS ,
Strategic Enforcement Plan
In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more
10/12/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biotechnology ,
Compliance ,
Confidential Information ,
Discrimination ,
Due Diligence ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Insurance Industry ,
Intellectual Property Protection ,
Investors ,
Machine Learning ,
Misrepresentation ,
New Guidance ,
Patents ,
Personal Data ,
Purchase Agreement ,
Risk Management ,
Risk Mitigation ,
Startups ,
Strict Product Liability ,
Transparency ,
Venture Capital
Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more
Notwithstanding the very recent good news that it appears the federal government and regulators currently have control and a plan in place to limit the impact of Silicon Valley Bank’s (SVB) and Signature Bank’s recent...more
3/14/2023
/ Banking Regulators ,
Banking Sector ,
Breach of Contract ,
Fair Labor Standards Act (FLSA) ,
Financial Institutions ,
Layoffs ,
Liquidity ,
Mini-Warn Acts ,
Minimum Salary ,
Personal Liability ,
Separation ,
Severance Agreements ,
WARN Act
The U.S. Equal Employment Opportunity Commission (EEOC) recently released its Draft Strategic Enforcement Plan for 2023-2027 (SEP), outlining the agency's goals and priorities for enforcing federal employment...more
On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain...more
In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee...more
1/9/2023
/ Administrative Procedure Act ,
Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proposed Regulation ,
Proposed Rules ,
Restrictive Covenants
As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more
Following a burgeoning trend across the country, Chicago amended its sexual harassment ordinance with some significant changes on April 27, 2022, and employers should take note. Along with a new and expanded definition of...more
Recently, we examined the wisdom and legality of mandating retirement for older workers. The gist of that analysis was “don’t do it” except in limited circumstances — and certainly don’t do it without talking to your legal...more
The Supreme Court Thursday afternoon released its much-anticipated decisions regarding the Emergency Temporary Standard (ETS) issued late last year by the Occupational Safety and Health Administration (OSHA), and the...more
1/14/2022
/ 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 ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, December 21, 2021, the City of Chicago ordered that many public accommodations, including restaurants, bars, coffee shops, gyms, and entertainment venues, must require patrons to present proof of full vaccination...more
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
On May 31, the Illinois legislature passed a sweeping bill that overhauls the state’s noncompete and nonsolicitation laws. The bill was passed unanimously by the Illinois Senate and House of Representatives. If signed into...more
State and Local Order Rule and Regulatory Impact -
Q: Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing?
A: No. As...more
5/18/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Indemnification Clauses ,
LMRA ,
Masks ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On the second full day after President Biden took office, his administration released a broad-based, ambitious, 200-page National Strategy For The COVID-19 Response and Pandemic Preparedness (the “Plan”). The Plan’s stated...more
2/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Health Care Providers ,
OSHA ,
Paid Leave ,
Personal Protective Equipment ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Guidance on COVID-19 (COVID) in the form of additional FAQs. The EEOC has now answered the questions on many employer’s minds - whether...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
OSHA ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Vaccinations
On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (the “Executive Order”). The Executive Order applies to federal contractors and subcontractors, as well as organizations...more
As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more
9/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Paid Leave ,
Remote Working ,
Work Availability Requirement
As law firms deal with the ongoing impact of COVID-19, those who recently graduated from law school are facing unique challenges. To help new lawyers navigate this challenging time, we asked members of the Foley family who...more