On August 4, 2023, Illinois Governor Pritzker signed HB2862 (the “Bill”) into law. The Bill requires temporary staffing agencies to provide certain temporary workers with the same pay and benefits as the workers’ directly...more
On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it...more
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on...more
6/13/2022
/ Contract Terms ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
On May 13, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill 3146 (the “Amendment”), amending the One Day Rest In Seven Act (“ODRISA”). The Amendment will go into effect on January 1, 2023.
Rest Days...more
Effective March 24, 2022, the Illinois Equal Pay Act (IEPA) was amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024, and...more
On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more
4/19/2022
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Illinois ,
Retaliation ,
State Labor Laws ,
Statutory Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On January 25, 2022, the Illinois Department of Labor (“IDOL”) issued notices to 625 Illinois businesses to inform them that they have until May 25, 2022 to submit their Equal Pay Registration Certificate (“Certificate”)...more
The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more
2/10/2022
/ Anti-Retaliation Provisions ,
Burden of Proof ,
CA Supreme Court ,
California ,
Evidence ,
Labor Code ,
Labor Reform ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
On January 27, 2022, the California Supreme Court settled an inconsistency that has divided the courts of appeal with respect to the proper evidentiary standard for whistleblower retaliation claims under California Labor Code...more
Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more
11/19/2021
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
As we previously reported, a new amendment to the Illinois Freedom to Work Act (820 ILCS § 90) regarding the use of non-competition and non-solicitation restrictive covenants for Illinois employees will take effect on January...more
11/15/2021
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
Low-Wage Workers ,
New Amendments ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act (820 ILCS § 90), which imposes restrictions on the use of non-competition and non-solicitation (employee and...more
8/19/2021
/ Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Labor Laws
The Illinois Legislature recently passed a bipartisan bill, available here, that seeks to significantly amend the Illinois Freedom to Work Act (820 ILCS § 90) and impose restrictions on the use of non-competition and...more
On May 26, 2021, Chicago Mayor Lori Lightfoot introduced a series of ordinances (the “Ordinances”) which seek to implement new wage theft protections and provide certain employees with the ability to take paid “secure leave.”...more
On April 21, 2021, the City of Chicago passed an ordinance (the “Ordinance”), here, prohibiting Chicago employers from: (i) retaliating against workers who receive the COVID-19 vaccine during working hours; and (ii) requiring...more
On March 23, 2021, Illinois Governor Pritzker signed into law SB1480. As discussed below, the law makes significant changes to the Illinois Human Rights Act (IHRA), the Illinois Equal Pay Act (IEPA) and the Illinois Business...more
3/24/2021
/ Anti-Retaliation Provisions ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Governor Pritzker ,
Hiring & Firing ,
New Legislation ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies
Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. ...more
As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual...more
The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law...more
The State of Illinois has taken strong measures to mitigate the spread of COVID-19. Recognizing the impact of COVID-19 on the State of Illinois, on March 20, 2020, the Governor first issued Executive Order 2020-10 directing...more
5/18/2020
/ Anti-Harassment Policies ,
Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
First Responders ,
Governor Pritzker ,
Layoffs ,
Non-Essential Businesses ,
Operators of Essential Services ,
Paid Sick Leave Act ,
Pay Reductions ,
Remote Working ,
Shelter-In-Place ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act
On April 28, 2020, the Illinois Department of Human Rights (the “IDHR”) published its model sexual harassment prevention training program...more
Due to the sudden economic turbulence resulting from the COVID-19 pandemic, employers have been exploring ways to temporarily reduce operating costs. Many employers are seeking alternatives to layoffs. Such alternatives may...more
4/22/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Layoffs ,
NLRA ,
Pay Reductions ,
Reduction in Hours ,
Shared Work Program ,
State Labor Laws ,
Unemployment Insurance ,
Unions ,
WARN Act
As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the...more
On September 27, 2019, the U.S. District Court for the Northern District of Illinois granted a defendant-employer summary judgment on a whistleblower retaliation claim under the Illinois Whistleblower Act (“IWA”) and on a...more
On August 9, 2019, Governor Pritzker signed into law Public Act 101-0221 (the “Act”), which enhances protections against workplace sexual harassment and discrimination. The Act creates new laws and amends several existing...more
8/26/2019
/ Anti-Harassment Policies ,
Arbitration Agreements ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Pritzker ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Title VII ,
Transparency