The United States Supreme Court will determine whether a forced lateral job transfer violates Title VII of the Civil Rights Act of 1964 without also requiring the plaintiff to show that the transfer caused a materially...more
The Genetic Information Non-Discrimination Act of 2008 (GINA) is a federal law that regulates the collection and use of genetic information. Among other things, the law prohibits employers from requesting or requiring...more
On October 11, 2022, the U.S. Department of Labor (DOL) issued a new proposed rule that is more aligned with judicial precedent than a previous proposal regarding whether a worker is an employee or an independent contractor...more
On January 13, 2022, the U.S. Supreme Court issued two significant opinions: In Nat’l Fed. of Independent Business v. Occupational Safety and Health Administration, the Supreme Court stayed enforcement of the Occupational...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
The Occupational Safety and Health Administration (OSHA) on November 4, 2021, issued its Emergency Temporary Standard (ETS), requiring all employers with 100 or more employees to choose between (1) implementing a mandatory...more
On October 27, 2021 the Illinois legislature passed an amendment to the Illinois Health Care Right of Conscience Act (the Act). Gov. J.B. Pritzker is expected to sign the amendment, which would allow employers to more easily...more
Restrictive covenants are intended to protect an employer’s legitimate business interests following an employee’s departure from the business. While these agreements are quite common, Illinois law in this area has evolved...more
On March 23, 2021, Illinois Gov. J.B. Pritzker signed Public Act 101-0656 into law, amending the Illinois Human Rights Act (IHRA), the Business Corporation Act of 1983 and the Equal Pay Act of 2003 in ways that will...more
On August 24, 2020, the Wage and Hour Division of the Department of Labor (DOL) published guidance addressing employer obligations to track employee hours while teleworking. The DOL emphasized that though the guidance is...more
In a case of first impression at the circuit level, the Sixth Circuit Court of Appeals reversed dismissal of a disability discrimination complaint because the plaintiff had plausibly alleged a condition covered by the...more
A Message Regarding Racial Inequality: Faegre Drinker is deeply affected by the disturbing and terrible events surrounding the senseless deaths of George Floyd, Breonna Taylor, Ahmaud Arbery and Rayshard Brooks. While these...more
With COVID-19 changing everything we do in our personal and business lives, franchisors are faced with all the same challenges as other businesses, but also several unique twists due to the nature of franchising. Franchising...more
Updated as of April 8, 2020 -
The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, and took effect on April 1, 2020. The FFCRA provides temporary relief to eligible employees affected...more
With COVID-19 changing everything we do in our personal and business lives, franchisors are faced with all the same challenges as other businesses, but also several unique twists due to the nature of franchising. Franchising...more
A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited...more
On January 13, 2020, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule regarding joint employer status under the Fair Labor Standards Act (FLSA). The Final Rule was published in the Federal...more
Illinois recently became the 11th state to legalize recreational marijuana use after the passage of the Cannabis Regulation and Tax Act (the Act), which officially takes effect on January 1, 2020. On December 4, 2019,...more
The employment landscape in Illinois is rapidly changing this upcoming year. To help prepare, we’ve provided a checklist for Illinois employers on the important changes they can expect in 2020....more
Franchisors should review their franchise agreements and practices to ensure they do not retain or exercise control over the particular aspects of their franchisees’ employment practices in light of a recent decision...more
Workplace Transparency Act -
On August 9, 2019, Governor Pritzker approved the Workplace Transparency Act (WTA), a sweeping piece of legislation that imposes a variety of restrictions and requirements on employers relating...more
On July 24, 2019, the Chicago City Council unanimously approved an ordinance, which would require Chicago employers in certain industries to provide their employees with at least two weeks’ notice of their work schedules....more
Illinois legislature recently approved the Workplace Transparency Act (WTA) – a sweeping piece of legislation that imposes a variety of restrictions and requirements on employers relating to workplace discrimination and...more
In a unanimous decision, the U.S. Supreme Court ruled that federal courts can hear discrimination claims under Title VII of the Civil Rights Act even if employees do not bring them to the U.S. Equal Employment Opportunity...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
Illinois is expected to become the 11th state to allow recreational marijuana use after the House approved the Cannabis Regulation and Tax Act (the Act) on Friday, May 31, 2019....more
Illinois employers should prepare to increase their minimum wages where necessary, and adjust applicable overtime rates, now that Illinois has become one of five states (joining California, Massachusetts, New Jersey and New...more