On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more
6/20/2024
/ Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Labor Relations ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Starbucks ,
Starbucks Corp. v McKinney ,
Unfair Labor Practices ,
Union Elections ,
Unions
In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more
4/25/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Collective Bargaining Agreements (CBA) ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
LMRA ,
Personal Data ,
Personally Identifiable Information ,
Preemption
On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more
2/20/2023
/ Accrual Requirements ,
Biometric Information ,
Biometric Information Privacy Act ,
Damages ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Personal Data ,
Personally Identifiable Information
In Verizon New York, Inc. (Verizon), the National Labor Relations Board (Board) recently found that a work rule reserving the right for the company to monitor and/or search personal property, and a rule permitting the company...more
7/8/2020
/ Administrative Law Judge (ALJ) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Personal Property ,
Purple Communications ,
Section 7 ,
Security Checks ,
Unions
Today, in Bostock v. Clayton County, the U.S. Supreme Court issued a landmark ruling holding that Title VII of the Civil Rights Act of 1964 bars discrimination on the basis of sexual orientation and transgender status in the...more
6/15/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more
2/13/2020
/ Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Former Employee ,
Inevitable Disclosure Doctrine ,
Intellectual Property Protection ,
Manufacturers ,
Non-Disclosure Agreement ,
PepsiCo ,
Preliminary Injunctions ,
Trade Secrets
The Supreme Court announced yesterday that it will address whether federal civil rights laws protect gay, lesbian, and transgender employees from discrimination. The Court will hear three cases—from New York, Georgia, and...more
4/23/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On Monday, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York, and Vermont), became the second federal appellate court to explicitly hold that federal law prohibits employment discrimination...more
3/1/2018
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy...more
Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more
7/25/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Over-Time ,
Section 7 ,
Uber ,
Wage and Hour