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When Social Media Posts Become Workplace Harassment

The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Unanimous Supreme Court Issues Legal Standard for Title VII Suits Alleging Discriminatory Job Transfers

In Muldrow v. City of St. Louis, Missouri, a unanimous U.S. Supreme Court held on April 17, 2024, that an employee bringing a claim for discrimination under Title VII related to a job transfer need only show some employment...more

U.S. Supreme Court Upends Religious Accommodation Obligations for Employers

In Groff v. De Joy, Post Master General, No. 22-174 (June 29, 2023), the U.S. Supreme Court unanimously upended decades-old precedent that set the standard for undue hardship in the context of an employee's request for a...more

New York Stands Ready to Rein in Covenants Not to Compete

The New York State Assembly on June 20, 2023, passed Bill A01278, amending the New York Labor Code and prohibiting covenants not to compete, with certain notable exceptions, while also giving covered individuals the right to...more

FTC Moves to Ban Non-Competes: What Employers Need to Know Now

The Federal Trade Commission (FTC) proposed a rule on Jan. 5, 2023, prohibiting non-competition clauses ("non-competes") in employment agreements. For purposes of the rule, non-compete provisions include explicit and de facto...more

Holland & Knight's China Practice Newsletter: May-June 2022

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: ..SEC Releases Proposal to Enhance Disclosures for SPACs and De-SPAC...more

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Signed into Law

President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act) on March 3, 2022. The Act amends the Federal Arbitration Act and gives individuals asserting...more

Illinois Bill Modifying Non-Competition Agreements Nears Enactment

Illinois Gov. JB Pritzker is expected to soon sign into law a bill that will make significant changes to the Illinois Freedom to Work Act and affect the enforceability of employee non-competition provisions. The General...more

Mandatory COVID Vaccination Policies in the Workplace: What Employers Must Know

The long-awaited COVID-19 vaccinations are finally available, and the inoculation process has begun in the United States. Employers, with the anticipation of widespread availability of the vaccine in the coming months, are...more

DOL Publishes New Guidance for Classifying Independent Contractors

The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more

New Challenges for Employers, But Old Accommodation, Anti-Discrimination, Wage Laws Still Apply

In the unprecedented circumstances presented by the COVID-19 pandemic, employers contemplating bringing employees back to work are confronted with a world very different from the one that existed just over two months ago....more

Dealing with COVID-19 in the Workplace

As federal, state and local stay-at-home orders begin to roll back restrictions, more and more employers are faced with the prospect of bringing employees back to work in a dramatically different world than the one that they...more

Considerations and Practicalities for Returning Employees to Work During a Pandemic

Uncertainty surrounding when employers might return employees to work has given way to uncertainty about how to do so. Employers who are considering reopening in the coming weeks will be faced with a dramatically different...more

District Court Finds Biometrics Data Vendor May Be Liable for Illinois BIPA Violations

The U.S. District Court for the Northern District of Illinois held that Kronos Inc., a vendor of biometric time clocks that allow employees to sign in and out using a fingerprint or handprint, could be liable for violations...more

DOL, IRS and Treasury Preview Employment Provisions for Families First Coronavirus Response Act

The recent passage of the Families First Coronavirus Response Act left many questions for employers. In a joint statement issued on March 20, 2020, the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS) and...more

House Bill Mandates Employers at Certain Firms Provide Leave, Gives Employer Tax Credits

The House of Representatives has passed a corrections bill for H.R. 6201, the Families First Coronavirus Response Act. The bill will now be considered by the Senate. Key provisions that have attracted significant attention...more

Coronavirus: Implications for Employers

As the coronavirus (COVID-19) spreads to countries around the world, employers are developing policies and strategies to address issues associated with employees 1) who have traveled to heavily impacted areas or who might...more

Illinois Workplace Transparency Act Imposes New Obligations on Local Government Employers

Illinois Public Act 101-0221 (Public Act) creates extensive and significant new protections for employees and imposes new obligations on all Illinois employers. This Holland & Knight alert identifies unique requirements...more

Predictive Scheduling Comes to Chicago with Passage of Fair Workweek Ordinance

• The Chicago Fair Workweek Ordinance will affect Chicago employers across a wide reach of industries. • The Ordinance will impose a burden on employers to plan and notify employees of their work schedules up to two weeks...more

Illinois Equal Pay Act Amendment Prohibits Employers from Asking About Compensation History

• A recent amendment to the Illinois Equal Pay Act generally prohibits employers inquiring about a job applicant's compensation history. • There are severe penalties for violations of the amendment. • By Sept. 29, 2019,...more

Ride-Share Drivers Are Independent Contractors According to NLRB's General Counsel

• The National Labor Relations Board's (NLRB) General Counsel released an Advice Memorandum that concludes that drivers for a ride-sharing app are independent contractors and, therefore, not covered by the National Labor...more

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

DOL Issues Latest Pronouncements on the FMLA and FLSA

• Three opinion letters from the U.S. Department of Labor (DOL) offer new insight into the agency's views on the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). • Employers may not delay...more

Illinois Supreme Court Expands Potential Liability Under Biometric Information Privacy Act

• The Illinois Supreme Court's recent decision in Rosenbach v. Six Flags Entertainment Corp. greatly expands potential liability for private entities with Illinois employees that fail to properly collect, store and use...more

New Illinois Governor Acts Quickly on State Labor and Employment Issues

• New Illinois Gov. J.B. Pritzker used his first day in office to sign an Executive Order that directs the Illinois Department of Labor to review and expedite pending wage claims and prohibits state agencies from asking for...more

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