On September 2, 2020, the Fifth Circuit declined to void a fee award of nearly $2.3 million in favor of an employer that had prevailed on its trade secret theft claim against its former employee, because the employee...more
As if 2020 hasn’t caused enough hardship and headaches for employers already, the FBI and U.S. Cybersecurity Infrastructure Security Agency (“CISA”) recently issued a joint Cybersecurity Advisory Alert warning employers about...more
8/31/2020
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Cybertheft ,
FBI ,
Hackers ,
Personally Identifiable Information ,
Phishing Scams ,
Phone-Hacking Scandal ,
Remote Working ,
Security Breach ,
Virtual Private Networks
As we wrote earlier this year, every employer with employees working in Illinois is required to provide employees with sexual harassment prevention training that complies with the Illinois Human Rights Act (“IHRA”). The...more
For the first time, the Supreme Court has agreed to review the Computer Fraud and Abuse Act (CFAA). The Court’s initial review of the CFAA comes in the wake of a federal circuit split as to whether the statute can only be...more
The Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) recently issued a joint statement (the “COVID-19 Statement”) regarding what constitutes lawful “procompetitive collaborations” between companies to...more
On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. The CARES Act is the most expansive economic stimulus package in American history. The Act...more
4/2/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Families First Coronavirus Response Act (FFCRA) ,
Paid Leave ,
Paycheck Protection Program (PPP) ,
Retirement Funds ,
SBA ,
Small Business Loans ,
Social Security Taxes ,
Tax Credits ,
Unemployment Insurance
On March 20, 2020, Illinois Governor J.B. Pritzker issued a mandatory “Stay-at-Home” Order, located here, directing all Illinois residents to stay home or at their place of residence. The Order takes effect beginning...more
On February 6, Representative Natalie Manley filed House Bill 4699 with the Illinois House of Representatives. If enacted, the bill would amend the Illinois Freedom to Work Act (“IFWA”) with respect to the legality of...more
The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more
1/10/2020
/ Arbitration ,
Arbitration Agreements ,
Artificial Intelligence ,
Casinos ,
Confidentiality Agreements ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Fair Workweek ,
Federal Arbitration Act ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
Human Rights ,
Human Rights Act ,
Human Trafficking ,
Interviews ,
Job Applicants ,
Local Ordinance ,
Medical Marijuana ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history.
The law amends the Equal Pay Act of 2003, which made it...more
8/5/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Governor Pritzker ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois...more
2/6/2019
/ Actual Damages ,
Amusement Parks ,
Article III ,
Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Consent ,
Data Collection ,
Data Privacy ,
Data Storage ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Liquidated Damages ,
Litigation Fees & Costs ,
Personally Identifiable Information ,
Standing ,
Written Consent
Since its passage in 2016, the Defend Trade Secrets Act (DTSA) has increasingly become a valuable tool for employers seeking to enjoin former employees and competitors from misappropriating trade secrets. However, in requests...more
The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state. The issue of consideration is no different. Like other...more
In October, the Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC” and collectively the “Antitrust Agencies”) jointly issued new guidance for Human Resource professionals regarding...more
On August 19, 2016, Governor Bruce Rauner officially signed into law the Illinois Freedom to Work Act (the “Act”), with an effective date of January 1, 2017. The Act, while short and to the point, will have a significant...more
9/8/2016
/ Corporate Counsel ,
Employment Contract ,
Fast-Food Industry ,
Freedom To Work Act ,
Hiring & Firing ,
Low-Wage Workers ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Restaurant Industry ,
Restrictive Covenants ,
Wage and Hour
The Defend Trade Secrets Act (the “DTSA”), the first of its kind at the federal level, has been passed in both the Senate and the House of Representatives. Now, the DTSA merely awaits President Obama’s expected signature to...more
5/10/2016
/ Asset Seizure ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
Pending Legislation ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
Sheppard Mullin invites you to the second in a series of breakfast briefings in our Chicago office addressing domestic and global employment law developments, legislation, and trends affecting the workplace. Each briefing...more
The rights of employees under Section 7 of the National Labor Relations Act have been given quite the digital treatment over the last few years. In its newest decision issued on December 11, 2014, the National Labor...more