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Texas Federal District Court Sets Aside FTC’s Non-Compete Rule Nationwide

A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more

Supreme Court Lowers the Standard for Discrimination Claims Based on Job Transfers

On April 17, 2024, the United States Supreme Court handed down its decision in Muldrow v. City of St. Louis, Missouri, holding that while an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964...more

FAQs: An Essential Guide for Healthcare Leaders Navigating FTC’s Non-Compete Ban

The Federal Trade Commission’s April 23 final rule banning most non-competes for workers in the United States, including clinical and non-clinical employees in the healthcare industry, undoubtedly will raise questions from...more

EEOC Releases Final Regulations Implementing the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission released the long-awaited final regulations implementing the Pregnant Workers Fairness Act (PWFA). The regulations are set to be published in the Federal Register...more

California Supreme Court Rejects PAGA Manageability Argument

Defendants have long argued that Private Attorneys General Act (PAGA) claims can be unwieldy and that courts should strike such claims where individual issues make them unmanageable. In Estrada v. Royalty Carpet Mills, Inc.,...more

DOL Issues Final FLSA Independent Contractor Rule, Returns to Six-Factor Economic Reality Test

The U.S. Department of Labor published a final rule Jan. 9, 2024, on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). The rule...more

What Employers Should Know About Chicago’s New Paid Leave and Paid Sick and Safe Leave Ordinance

On Nov. 9, 2023, the Chicago City Council passed the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, effective Dec. 31, 2023. The new ordinance substantially changes prior leave requirements for nearly all...more

Illinois Amends Day and Temporary Labor Services Act

On Aug. 4, 2023, Illinois Gov. J.B. Pritzker signed House Bill 2862 / Public Act 103-437 (the amendment), making significant changes to Illinois’ Day and Temporary Labor Services Act. Illinois’ Department of Labor (DOL)...more

Illinois and Hawaii Require Employers to Disclose Pay Scales in Job Postings

Illinois and Hawaii will join several states — including New York, California, Washington and Colorado — in requiring increased pay transparency in job postings. These changes will further affect how employers recruit and...more

National Labor Relations Board Alleges Student-Athletes Are Employees of Private University, Pac-12, NCAA

As McGuireWoods reported in December 2022, the National Labor Relations Board (NLRB) regional office in Los Angeles found an unfair labor practice charge filed by the National College Players against the NCAA, Pac-12...more

5/22/2023  /  Colleges , NCAA , NLRA , NLRB , Student Athletes , Universities

Illinois Passes Paid Leave for ‘Any Reason’

On March 13, 2023, Illinois Gov. J. B. Pritzker signed into law the Paid Leave for All Workers Act (the Act), the first statewide paid leave law in Illinois. The law expands paid leave beyond Cook County and Chicago’s paid...more

Every Scan Counts: Illinois Supreme Court Decides Claim Accrual Under BIPA

In a split decision, the Illinois Supreme Court recently clarified that a new claim accrues under Illinois’ Biometric Information and Privacy Act (BIPA) with each scan or transmission that violates BIPA. This long-awaited...more

Five Years It Is — Illinois Supreme Court Decides BIPA Statute of Limitations

In a unanimous decision, the Illinois Supreme Court held that an appellate court erred “in applying two different statutes of limitations” to Illinois’ Biometric Information and Privacy Act (BIPA). Accordingly, all BIPA...more

National Labor Relations Board: Student Athletes Are Employees of University, Pac-12 and NCAA

As McGuireWoods reported on Feb. 8, 2022, the National College Players Association filed an unfair labor practice (ULP) charge with the National Labor Relations Board (NLRB) against the NCAA, Pac-12 Conference, University of...more

Signed Into Law: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The new law invalidates pre-dispute arbitration agreements and class and collective waivers for sexual...more

Student Athletes File NLRB Charges Claiming Employee Status

As McGuireWoods reported previously, on Feb. 3, 2022, the U.S. Court of Appeals for the Third Circuit agreed to hear an interlocutory appeal on the question of whether Division I student athletes can be employees of their...more

NLRB General Counsel Memo Announces Initiative to Treat College Athletes as Employees

On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...more

Illinois Courts Begin Clarifying the Biometric Information Privacy Act

Earlier this year, McGuireWoods reported that, in 2021, Illinois courts are expected to decide several open issues related to the state’s Biometric Information Privacy Act (BIPA). Those opinions have recently begun to be...more

California Enacts New Law Targeting Warehouse Distribution Center Production Quotas

On Sept. 22, 2021, Governor Gavin Newsom signed Assembly Bill 701 (AB 701). Effective Jan. 1, 2022, it will become the first state law of its kind to regulate and set parameters around the use of production quotas at...more

Employers Hearing Footsteps in the Big Apple? The Rise of New York Biometrics Laws

New York City’s recently enacted biometric privacy law took effect July 9, 2021. While the law is vague as to exactly who must abide by certain subsections, it is undoubtedly consumer-focused. However, even if employers...more

Proceeding With Biometric Caution: Illinois Courts to Decide Critical BIPA Issues

2021 is shaping up to be a groundbreaking year for employment litigation topics, and Illinois’ Biometric Information Privacy Act (BIPA) is no exception. State and federal appellate courts in Illinois are poised to decide...more

EEOC Guidance Addresses Religious Discrimination in the Workplace

On Jan. 15, 2021, the U.S. Equal Employment Opportunity Commission published updated guidance to its Compliance Manual on Religious Discrimination. The revised guidance, the first substantial update since 2008, came just five...more

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

On June 26, 2020, the U.S. Department of Labor issued a series of opinion letters addressing myriad unrelated wage and hour issues, including: (1) the outside sales exemption; (2) the retail or service establishment...more

Preventing COVID-19 Exposure, and Employer Liability, in the Workplace

Even while imposing “shelter in place” orders, the vast majority of states have authorized and encouraged essential businesses to remain open. As states relax their restrictions in the coming weeks and months, non-essential...more

Illinois Ban on Employers’ Inquiry or Consideration of Salary History Takes Effect

Recent amendments to the Illinois Equal Pay Act became effective Sept. 29, 2019. Illinois employers are now prohibited from seeking or inquiring about a job applicant’s wage or salary history with any current or former...more

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