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Expanding Workplace Protections for Pregnant Workers: New Federal Law Explained

On December 29, 2022, President Biden signed an omnibus appropriations bill into law that includes expanded protections for pregnant and nursing employees through two new acts: The Pregnant Workers Fairness Act (PWFA) and the...more

Texas Judge Blocks EEOC’s Transgender Guidance in Latest Battle in the Restrooms War

As we discussed in our previous blog post, in 2021 the EEOC issued a technical assistance guidance addressing employers’ obligations under Bostock v. Clayton County, the U.S. Supreme Court’s 2020 landmark decision holding...more

Contractual Choice of Law Provision Can’t Shield Employer From State Wage and Hour Class Action

The Seventh Circuit Court of Appeals ruled last week that a contractual choice of law provision was irrelevant to whether workers were employees or independent contractors and to whether pay deductions were lawful....more

Feds Continue to Prioritize Retaliation Claims – Is Your Organization Protected?

Retaliation remains a top enforcement priority of the federal government. Last week the U.S. Department of Labor (DOL) announced a new field assistance bulletin entitled “Protecting Workers from Retaliation” and pledged to...more

Staffing Shortages Force Employers In Indiana (and Everywhere) to Get Creative

No employer is immune from staffing storages in today’s climate, but December 2021 unemployment data released this week by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS), confirms what Indiana employers have...more

Courts Allow Employers to Enforce Vaccine Mandates

As discussed in our September 9, 2021 blog, the Biden administration has directed OSHA to implement an Emergency Temporary Standard that will require employers with 100 or more employees to ensure their employees are either...more

Lingering COVID-19 Symptoms May Trigger ADA And FMLA Protection

President Biden announced recently that those suffering “Post-Acute Sequelae of Sars-Cov-2 Infection,” aka long haul COVID-19, may qualify for protection under the Americans with Disabilities Act (ADA) and the Family and...more

State Survey – Considering Criminal Convictions In Private Employment Decisions

As we previously discussed, Illinois has moved beyond “ban-the-box” and now significantly restricts employers’ ability to consider criminal convictions when making employment decisions. (For more details see our employer’s...more

New Rules For Tipped Employees To Take Effect In February 2021

On December 22 the Federal Department of Labor (DOL) published a Final Rule changing the FLSA regulations for tipped employees. The Final Rule takes effect 60 days after publication. A caveat before we dig into the Final...more

DOL Clarifies FFCRA Child Care Leave – More FFCRA Guidance Expected

The Families First Coronavirus Relief Act or “FFCRA” requires employers with less than 500 employees to provide paid leave to employees unable to work (or telework) for various COVID-related reasons. Particularly relevant as...more

Federal Court Significantly Changes The FFCRA And Uncertainty Abounds

As our readers know, the Families First Coronavirus Relief Act (FFCRA) requires employers with less than 500 employees to provide paid leave to employees who are unable to work (or telework) for a variety of COVID-related...more

EEOC Updates COVID-19/ADA Guidance As We Move Toward Reopening The Economy

Back on March 18th as we were entering the COVID-19 health crisis, we addressed EEOC guidance on the impact of the ADA on COVID-19 preventative measures. Fast forward to today, as our collective focus shifts to talk of...more

Workers’ Compensation And COVID-19: Proving Work Comp Claims Are Becoming Easier (With Illinois Leading The Way…)

The question many employers have faced in recent weeks is whether or not COVID-19 could be covered by workers compensation. The answer is generally… “UNLIKELY — except those who are directly involved in dealing with the...more

Can Employers Use Existing Paid Leave Benefits To Offset Emergency Paid Sick Leave Under The FFCRA?

On March 18, President Trump signed into law the Families First Coronavirus Response Act (FFCRA). A component of the FFCRA is the Emergency Paid Sick Leave Act (EPSLA), which requires covered employers to provide employees...more

Flurry Of NLRB Decisions Bring Holiday Cheer To Employers

It has been a busy week for the National Labor Relations Board which issued three decisions in quick succession on December 16 and 17. Each of the three is a clear win for employers....more

Ruling Provides Guidance On Restrictive Covenants

Long used to prevent former employees from gaining an unfair competitive advantage, covenants not to compete are increasingly under attack. California, North Dakota and Oklahoma essentially ban employee non-competes and...more

Recent Decision Highlights Risk Of Post-Employment Retaliation Claims

A federal court in Pennsylvania recently ruled that a former employee presented sufficient evidence to warrant a jury trial on a claim she was retaliated against after she resigned. The decision serves as a good reminder that...more

New Revision To The Indiana Code And What It Means For Employers

On May, 1, 2019, Indiana Senate Bill 99 was signed into effect amending Indiana’s Wage Assignment Statute. The amendment makes the statute a bit more employer friendly by clarifying that, with proper authorization from the...more

It’s Mental Health Awareness Month: How Can Your Organization Promote Mental Wellness?

The CDC reports that half of all Americans will experience mental illness at some point in their lives. According to the National Alliance on Mental Illness, 46.6 million adults in the U.S., roughly 1 in 5, experience some...more

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