For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...more
As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC...more
6/2/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Standards ,
Unions
Following the official ending of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (“EEOC”) released a number of key updates to its COVID-19 technical assistance document, “What you Should...more
Happy New Year! Several employment laws became effective January 1, 2023, and our team at Franczek P.C. has compiled them in its new Labor & Employment Law Legislative Update, focused on new laws in effect in 2023. The new...more
1/10/2023
/ Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Hairstyle Discrimination ,
Illinois ,
Labor Reform ,
Labor Relations ,
Minimum Wage ,
State Constitutions ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Work Schedules
The U.S. Equal Employment Opportunity Commission (EEOC) just released an updated ‘Know Your Rights: Workplace Discrimination is Illegal’ poster, which supersedes its earlier ‘EEOC is the Law’ poster. The poster summarizes...more
As previously reported, the City of Chicago has adopted several substantive amendments to the sexual harassment provisions of the Chicago Human Rights Ordinance, including new posting, policy and training requirements. The...more
7/5/2022
/ #MeToo ,
Corporate Culture ,
Employees ,
Employer Liability Issues ,
Human Rights ,
Illinois ,
Labor Reform ,
Local Ordinance ,
New Amendments ,
Regulatory Requirements ,
Sexual Harassment
On April 27, 2022, the Chicago City Council approved several substantive amendments to the sexual harassment provisions of the Chicago Human Rights Ordinance. The amendments impose new and expanded harassment training...more
6/7/2022
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Human Rights ,
Illinois ,
Labor Reform ,
Local Ordinance ,
New Amendments ,
Sexual Harassment
Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic...more
In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
12/22/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, November 16, the Occupational Safety and Health Administration (OSHA) announced that it is suspending all implementation and enforcement efforts related to the emergency temporary standard (ETS) on mandatory...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Employees ,
Public Health Emergency ,
Public Schools ,
Public Sector ,
Regulatory Agenda ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Thursday, the U.S. Occupational Health and Safety Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring employers with 100 or more employees to mandate vaccinations or weekly testing...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The White House announced today that President Biden will nominate attorney Gwynne Wilcox to the fifth and last vacant seat on the National Labor Relations Board (NLRB). Ms. Wilcox is a senior partner at labor & employment...more
In the final week of first 100 days of, the Biden administration, significant labor and employment activity includes a Department of Labor (“DOL”) official and two judicial nominations sent to the Senate, a push from the DOL...more
4/29/2021
/ Administrative Appointments ,
Biden Administration ,
Department of Labor (DOL) ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
NLRB ,
Paid Time Off (PTO) ,
Strategic Enforcement Plan ,
Unions ,
Vaccinations ,
Wage and Hour
In week thirteen, the Biden administration’s labor and employment activity includes the nomination for the Assistant Secretary of Disability and Employment Policy at the Department of Labor (DOL); the Senate committee vote on...more
4/20/2021
/ Administrative Appointments ,
Biden Administration ,
Collective Bargaining ,
Department of Labor (DOL) ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Minimum Wage ,
Regulatory Agenda ,
Small Business ,
Unions ,
Wage and Hour
In week twelve, the Biden administration’s labor and employment activity includes selecting a chief to lead the Occupational Safety and Health Administration (OSHA), increased staffing at the Equal Employment Opportunity...more
4/13/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Labor Law Violations ,
Labor Reform ,
OSHA ,
Wage and Hour
In week eleven, the Biden administration’s labor and employment activity includes the introduction of the American Jobs Plan, the extension of the Paycheck Protection Program, employment policy changes at the Department of...more
4/6/2021
/ Administrative Appointments ,
Biden Administration ,
CARES Act ,
Corporate Taxes ,
Defense Sector ,
Department of Defense (DOD) ,
GILTI tax ,
Job Creation ,
Labor Reform ,
LGBTQ ,
Paycheck Protection Program (PPP) ,
Tax Reform ,
Transgender
In week ten, the Biden administration’s labor and employment activity includes the Senate confirmation of Marty Walsh as Labor Secretary, the nomination of former CEO of the Democratic National Committee to the Solicitor of...more
On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. ...more
3/29/2021
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Legislation ,
State and Local Government ,
State Labor Laws
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
In week nine, the Biden administration’s labor and employment...more
3/23/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Workplace Safety
OSHA has launched a national emphasis program to protect high-risk workers from COVID-19 hazards. The program also prioritizes for OSHA inspection employers that retaliate against workers who complain about unsafe conditions....more
In week eight, the Administration’s labor and employment activity includes the passage of the $1.9 trillion COVID-19 relief bill, the House’s passage of the PRO Act labor law reform bill, and the upcoming Senate confirmation...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unions ,
Wage and Hour
In week six, the Administration’s labor and employment activity includes a major roadblock to the $15 federal minimum wage increase, an extension of unemployment benefits by the DOL, and unexpected silence by the...more
3/1/2021
/ Amazon Marketplace ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
Unemployment Insurance ,
Unions ,
Wage and Hour
In week five, the Administration’s labor and employment activity includes a new NLRB General Counsel appointee, an executive order revoking Trump’s industry-led apprenticeship program, the DOL’s continual withdrawal of Trump...more
2/22/2021
/ Administrative Appointments ,
Apprenticeships ,
Biden Administration ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRB General Counsel ,
Wage and Hour
In a recent decision, Cheli v. Taylorville Community School District, the Seventh Circuit held that a school district violated a former employee’s due process rights when it terminated him without cause. ...more