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Beware: Federal Court Strikes Down Labor Department’s Limitations on Paid Sick and Extended Leave Benefits Under FFCRA

On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus...more

The Story of Hannah and Bob – Why Employers Cannot Discriminate Against LGBT Employees

To illustrate why an employer violates federal employment law by discriminating against gay, lesbian, bisexual, and transgender (LGBT) people, the United States Supreme Court majority told the stories of Hannah and Bob. More...more

Restore Illinois: Governor Pritzker’s Five-Phase, Four-Region Plan and What It May Mean for Your Business Operations

On May 5, 2020, Illinois Governor J.B. Pritzker issued a phased, regional plan for reopening the State’s economy, entitled Restore Illinois: A Public Health Approach to Safely Reopen Our State (the “Plan”). The Plan is...more

Key Changes and New Provisions in April 30, 2020 Illinois Stay-at-Home Order Extension

On April 30, 2020, Governor Pritzker signed Executive Order 2020-32 (COVID-19 Executive Order No. 30) (the “Revised Order”), extending Illinois’ stay-at-home mandate through May 29, 2020. While the Revised Order extends many...more

Updated FAQs related to the FFCRA based on Department of Labor Regulations

Since the Department of Labor (DOL) regulations are now finalized, we thought it would be a useful exercise to revisit some of our prior FAQs that relate to the FFCRA and the new regulations. While our prior guidance is...more

Department of Labor Issues Temporary Rule Regarding Families First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First Coronavirus Response Act (“the...more

UPDATE: Employment Provisions Within the Families First Coronavirus Response Act

The United States Senate passed The Families First Coronavirus Response Act (the “Act”), without any changes to H.R. 6201, passed by the House earlier this week. The Senate followed suit, passing the Act, including technical...more

Technical Corrections to the House’s Employment Provisions within the Families First Coronavirus Response Act

On Friday, March 13, 2020, the United States House of Representatives passed H.R.6201 titled the Families First Coronavirus Response Act (the “Act”).  And on Monday, March 16, 2020, the House made corrections to the Act.  As...more

Coronavirus FAQs for Employers No. 3

This is Foley’s third installment to the Coronavirus FAQs for Employers.  We will continue to publish additional FAQs based on inquiries from clients – including best practices as this workplace challenge continues to...more

EEOC’s 2019 Efficiency is Both Good News and Concerning News for Employers

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) issued its FY 2019 Performance Report, touting the agency’s successes and statistics for its fiscal year ending September 30, 2019 - and the details reported...more

(Artificially) Intelligent Hiring: Good Solution or Technology Gone Mad?

“Success in creating [Artificial Intelligence] would be the biggest event in human history. Unfortunately, it might also be the last, unless we learn how to avoid the risks.” It’s almost as if Stephen Hawking, when he made...more

DOL Issues New FMLA, FLSA Guidance to Employers

Last week, the Department of Labor (DOL) Wage and Hour Division (WHD) issued its first three opinion letters of 2019 concerning the Family Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA). These opinion letters...more

Biometric Privacy: Illinois Supreme Court Decision Allows Claims to Proceed Without Showing of Actual Harm

On January 25, 2019, the Illinois Supreme Court handed down a key ruling that will make it significantly easier for consumers and workers to sue and recover damages for mere non-compliance with the requirements of the state’s...more

Parental Leave Benefits are Under Scrutiny – Be Sure Yours Don’t Discriminate!

As the pool of talented employees tightens, more and more employers are offering perks and benefits to lure the best and the brightest into their ranks. Offering generous benefits for working parents is one of the...more

Big Data Breaches Shine Spotlight on Laws Impacting Employee Data Protection

It seems like almost every week we learn of a massive new data breach, risking the loss of thousands of individuals’ personal and confidential information to a faceless hacker halfway around the world....more

The Jig Is Up: California Supreme Court Asserts New Independent Contractor Test Impacting The “Gig Economy” and Companies Engaging...

Yesterday (April 30, 2018) the California Supreme Court issued an opinion on the appropriate test to employ when assessing “independent contractor” classification under state law. The Court’s unanimous decision throws out...more

The Use of Staffing Agencies Is About To Get More Expensive (and Risky) in Illinois

As we have reported in the past, utilizing temporary staffing agencies to fill gaps in labor needs can be an efficient and economically beneficial way for companies to meet business demands. This is particularly true in...more

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its...more

The DOL's New Rx for Federal Contractor Employees

We have reported time and time again on the national trend of mandating paid sick leave for workers. As we noted last March, in a 2015 Executive Order, President Obama directed the U.S. Department of Labor (DOL) to issue...more

Chicago Adopts Paid Sick Leave Following Burgeoning National Trend

Late last month, the Chicago City Council unanimously approved a new paid sick leave ordinance requiring virtually every employer in the city to provide at least some paid time off to employees for sick leave purposes. Cook...more

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing...more

Health Conscious? The EEOC Is Expanding Incentives for Employees’ Spouses

Employee wellness programs are frequently a source of ulcer-causing angst for employers, but the Equal Employment Opportunity Commission (EEOC) is making moves to treat some of the underlying issues. Late last week, the EEOC...more

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