On August 20, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas set aside and barred the nationwide implementation and enforcement of the FTC’s Final Noncompete Rule....more
On July 3, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas preliminarily enjoined the Federal Trade Commission ("FTC") from enforcing the Final Noncompete Rule ("Rule") against the...more
7/10/2024
/ Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Texas ,
Unfair Competition
On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a...more
Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts....more
On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave...more
11/21/2023
/ Accrual Requirements ,
Carryover Basis ,
City of Chicago ,
Compliance ,
Covered Employees ,
Exemptions ,
Family and Medical Leave Act (FMLA) ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Small Business ,
Vacation Leave
The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more
The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo,...more
We share news of a significant defense victory before the Illinois Supreme Court in a claim involving the Illinois Biometric Information Privacy Act (BIPA). In a case argued by Hinshaw partner John Ryan, the Supreme Court...more
The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40,...more
Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more
On January 13, 2021, the United States Supreme Court (the court), in a 5-4 per curiam decision, issued stays on injunctions issued by the Western District of Louisiana and the Eastern District of Missouri against enforcement...more
1/17/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Monday, November 29, 2021, a court in the Eastern District of Missouri issued an order granting a motion for a preliminary injunction of the Centers for Medicare and Medicaid Services' (CMS) interim final rule (the Rule),...more
The Occupational Safety Health Administration (OSHA) issued updated guidance on August 13, 2021, to assist employers in protecting workers who are unvaccinated or otherwise at risk of contracting the virus. The guidance...more
The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more
7/27/2021
/ Employee Rights ,
Employment Policies ,
First Amendment ,
Labor Disputes ,
NLRA ,
NLRB ,
Secondary Boycott ,
Strike ,
Unfair Labor Practices ,
Union Representatives ,
Unions
With little fanfare or press coverage, the United States House of Representatives passed a sweeping bill on March 9, 2021, that would amend provisions of federal labor law that in some cases have been in place as long ago as...more
Join Hinshaw's Leigh Bonsall and Tom Luetkemeyer—along with Dr. John Segreti, infectious disease expert with Rush University Medical Center in Chicago—for a timely and informative discussion on the medical issues related to...more
Join us for Hinshaw's 25th Annual Labor & Employment Seminar, for a week of practical and engaging virtual programming. We are offering the seminar free of charge this year, allowing unprecedented access for those who may...more
10/20/2020
/ Anti-Retaliation Provisions ,
Best Practices ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Data Privacy ,
Employee Monitoring ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Foreign Nationals ,
Foreign Workers ,
Health and Safety ,
Hiring & Firing ,
Human Resources Professionals ,
Infectious Diseases ,
Privacy Laws ,
Retaliation ,
Screening Procedures ,
State Labor Laws ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...more
When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes...more
8/22/2020
/ 1099s ,
Appeals ,
Classification ,
Control Test ,
Darden Test ,
Emergency Rooms ,
Healthcare Workers ,
Hospitals ,
Independent Contractors ,
On-Call Employees ,
Physician Recruitment Agreement ,
Physicians ,
Professional Services Contract ,
Race Discrimination ,
Title VII
Last September, we anticipated a change in National Labor Relations Board (Board) policy regarding the evidentiary standard for resolving unfair labor practice charges related to employer discipline of employee abusive...more
Many states are beginning to experience a “flattening of the curve” when it comes to COVID-19 virus infection rates. With regulations varying from state to state, there are still so many unanswered questions about how...more
5/20/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Hiring & Firing ,
Human Resources Professionals ,
Infectious Diseases ,
Policies and Procedures ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Risk Mitigation ,
Webinars ,
Workplace Safety
In a unanimous decision issued on March 23, 2020, the United States Supreme Court held that a but-for causation standard applies to claims brought under Section 1981 of the Civil Rights Act of 1866. The Supreme Court also...more
4/1/2020
/ 42 U. S. C. § 1981 ,
Appeals ,
Burden of Proof ,
But For Causation ,
Civil Rights Act ,
Comcast ,
Comcast Corp. v National Association of African American-Owned Media ,
Commercial Contracts ,
Dismissals ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Race Discrimination ,
Racial Bias ,
Reversal ,
SCOTUS ,
Split of Authority ,
Substantial Motivating Factor Test ,
Television Broadcast Stations ,
Title VII
After a week of significant work and bipartisan effort, Congress passed and the President signed into law an expansion of the FMLA along with separate paid sick leave benefits to American workers on March 18, 2020. Entitled...more
3/23/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unemployment Insurance
Virtually every employer in the United States is having to grapple with how to respond to employment-related issues as a consequence of the coronavirus (COVID-19) pandemic. To assist employers, we have prepared an FAQ...more
3/21/2020
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Disabilities ,
Emergency Management Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
HIPAA Privacy Rule ,
Hiring & Firing ,
OSHA ,
Paid Time Off (PTO) ,
Quarantine ,
Remote Working ,
Sick Employees ,
Sick Pay ,
Travel Restrictions ,
Traveling Employee ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Safety
Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more