Affirming the largest emotional distress award ever made by the Illinois Human Rights Commission, the Illinois Appellate Court for the Second District has handed down the first Illinois state court decision affirming a...more
In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more
6/28/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
NLRA ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
On June 23, 2021, the Supreme Court held in Mahanoy Area School District v. B.L that a public school may not regulate off-campus student speech where there is no substantial disruption of school activities.
In Mahanoy, a...more
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 1480, amending the Illinois Human Rights Act and Illinois Equal Pay Act. SB 1480 greatly limits use of criminal background checks in...more
On April 1, 2020, the Department of Labor (“DOL”) posted a temporary rule containing temporary regulations regarding the implementation of the Families First Coronavirus Response Act (“FFCRA”). The regulations became...more
The Department of Labor (“DOL”) has updated its previous guidance in Family First Coronavirus Response Act: Questions and Answers to help employees and employers understand their rights and obligations concerning paid leave...more
The U.S. Department of Education (DOE) has issued guidance in the form of Frequently Asked Questions to assist school officials with how to protect student privacy under the Family Educational Rights and Privacy Act (FERPA),...more
The Department of Labor (“DOL”) has again updated its guidance in Families First Coronavirus Response Act (“FFCRA”): Questions and Answers to address several topics concerning paid sick leave (under the Emergency Paid Sick...more
The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning...more
The National Labor Relations Board (NLRB) closed 2019 with several decisions and rule changes that overturned recent board precedent and revived older, more employer-favorable standards.
On December 16, 2019, the NLRB...more
1/23/2020
/ Adverse Employment Action ,
Arbitration ,
Collective Bargaining Agreements (CBA) ,
Dues Checkoff ,
Electronic Communications ,
Email ,
NLRB ,
Protected Activity ,
Purple Communications ,
Union Dues ,
Unions
The Michigan House of Representatives introduced legislation that would allow college athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation.
Michigan House Bill No. 5217...more
11/12/2019
/ Athletes ,
College Athletes ,
Colleges ,
Compensation ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Pay-To-Play ,
Proposed Legislation ,
Scholarships ,
State Labor Laws ,
Title IX ,
Universities
The National Labor Relations Board (the "NLRB" or "Board") issued a Notice of Proposed Rulemaking on Monday, August 12, 2019, which proposes amendments to certain interpretations of the National Labor Relations Act (the...more
The National Labor Relations Board ("the Board") has revised the standard for determining who are independent contractors excluded from the National Labor Relations Act's ("the Act") protections, meaning more workers are...more
The Department of Education has issued a Notice of Proposed Rule Making to amend the federal regulations governing Title IX compliance. The proposed rules would replace prior guidance and represent a radically different...more
The National Labor Relations Board (NLRB) has issued a proposed new rule designed to overturn the broad standard for finding joint employer status previously announced in Browning Ferris Industries of Cal., 362 NLRB No. 186...more
The National Labor Relations Board (NLRB) announced a new pilot program to increase the use of alternative dispute resolution (ADR) and offer parties greater control over the resolution of their cases while saving both time...more
In a 5-4 decision, the United States Supreme Court has held in Janus v. AFSCME that public sector unions cannot require non-union bargaining unit members to pay union dues. The Court held that the requirement violates the...more
The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a...more
In PCC Structurals, Inc., in a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned the 2011 Specialty Healthcare decision which allowed “micro-units” of small groups of employees to organize within a...more
The National Labor Relations Board (NLRB or Board) has overruled two precedents that had been particularly nettlesome to the employer community. First, in The Boeing Company the NLRB, in a 3-2 decision on Dec. 14, 2017,...more
Sworn in less than a month ago, National Labor Relations Board’s new General Counsel Peter B. Robb is wasting little time setting a new direction for the NLRB.
On Dec. 1, 2017, Robb issued General Counsel Memorandum 18-02...more
The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more
9/26/2017
/ Comment Period ,
Dear Colleague Letter ,
Department of Education ,
Due Process ,
Educational Institutions ,
Investigations ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX ,
VAWA
On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at...more
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits...more
Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more