Author Info for Laner Muchin, Ltd.

Heather R. M. Becker

COVID-19 Update: Changes in Face Covering Guidance and Considerations for Employers on Implementing a Vaccination Mandate

As we enter our seventeenth month of the COVID-19 pandemic, fears that the pandemic is once again getting out of control continue to rise. With COVID-19 cases increasing across the country, due in part to the contagiousness of…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Justice (DOJ), Emergency Use Authorization (EUA)

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Mark Bennett

WARN Issues Regarding COVID-19 Related Closures and Layoffs

The COVID-19 pandemic has no doubt caused widespread economic upheaval. In particular, state and local governments across the country have ordered restaurants and bars and other non-essential businesses to close. With little or…more

Business Closures, Coronavirus/COVID-19, Employer Liability Issues, Layoffs, Notice Requirements

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Susan Best

Title IX Regulations Checklist

The new Title IX regulations go into effect on August 14, 2020. As the deadline is around the corner, make sure you have completed the following... …more

Colleges, Compliance, Department of Education, Educational Institutions, Title IX

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Samantha Buddig

NLRB General Counsel Takes a Stand on Noncompetition Agreements: Employers Beware!

In a memo issued on May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has taken the position that the offer, maintenance, and enforcement of overly broad noncompetition agreements offered to…more

Contract Terms, NLRA, NLRB, NLRB General Counsel, Non-Compete Agreements

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Antonio Caldarone

Breaking News: Federal Judge Strikes Down FTC Noncompete Rule

As was widely reported, earlier this year the Federal Trade Commission (FTC) issued a rule banning nearly all noncompete agreements with limited exceptions. The rule was to take effect on September 4, 2024, as we recently…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Violet Clark

Requiring Antibody Tests Violates the Americans With Disabilities Act

The Equal Employment Opportunity Commission (the “EEOC”) updated its COVID-19 guidance this week and for the first time addressed the question of may an employer require employees to take a test to determine whether an employee…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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James Convery

New Development In The Enforceability of Non-Compete Agreements

As many of our readers may recall, the Illinois Appellate Court in the First District dramatically changed (in our view) the law two years ago in its infamous Fifield decision, by holding that if employment (or continuing…more

At-Will Employment, Consideration, Non-Compete Agreements, Restrictive Covenants

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Lauren Cook

Government Filing Fee Increases are Coming for Many Employment-Based Visa Categories

The United States Citizenship and Immigration Services (USCIS) announced that it will be raising the filing fee amounts for many employment-based nonimmigrant visa categories, effective April 1, 2024…more

Filing Fees, Foreign Workers, Immigration Procedures, L-1 Visas, Non-Immigrant Visas

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Wesley Covert

Reminder: Chicago Employers Must Comply with City’s Harassment Training Requirements by June 30th Deadline

As previously reported by the Fast Laner, employers with one or more employees in the City of Chicago that are subject to Chicago licensing requirements or that maintain a business facility within City limits, must meet the…more

Anti-Harassment Policies, Compliance, Compliance Dates, Employee Training, Local Ordinance

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Chad DeGroot

IRS Finalizes Required Minimum Distribution Regulations

The IRS recently published its final regulations addressing changes to Tax Code Section 401(a)(9), relating to required minimum distributions (RMDs), under the Setting Every Community Up for Retirement Enhancement Act of 2019…more

Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Final Rules, Internal Revenue Code (IRC)

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Jeremy Edelson

A New Set of Changes to the Illinois Day and Temporary Labor Services Act is on the Horizon

As the Fast Laner previously reported, significant changes to the Day and Temporary Labor Services Act (Act) started to impact both temporary labor agencies (Agencies), as well as third-party clients (Clients) which utilize…more

Amended Legislation, Day Laborers, Employer Responsibilities, Equal Pay, Governor Pritzker

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Jeffrey Fowler

Special Note for Illinois Employers Regarding Tracking Hours

Tracking of hours for salaried/exempt employees has always been a questionable practice. In fact, the U.S. Department of Labor (“US DOL”) could arguably use such tracking as a factor suggesting that the individuals are really…more

Exempt-Employees, Misclassification, Non-Exempt Employees, Over-Time, Salaried Employees

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Kevin Frey

National Labor Relations Board Proposes Three Amendments To Protect Employee Free Choice

On August 9, 2019 the National Labor Relations Board (NLRB) announced that it would be proposing three amendments to its regulations which govern the filing and processing of representation petitions. The first amendment would…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Construction Industry, Employee Rights, Labor Regulations

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Francesca Giderof

A New Set of Changes to the Illinois Day and Temporary Labor Services Act is on the Horizon

As the Fast Laner previously reported, significant changes to the Day and Temporary Labor Services Act (Act) started to impact both temporary labor agencies (Agencies), as well as third-party clients (Clients) which utilize…more

Amended Legislation, Day Laborers, Employer Responsibilities, Equal Pay, Governor Pritzker

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Kiran Gill

NLRB Eases Union Recognition, Shortens Election Cycles

Cemex Decision In Cemex Construction Materials Pacific (372 NLRB No. 130), the NLRB ruled that an employer must either recognize a union that seeks to represent its employees or else file its own petition for an election. This…more

Cemex, Collective Bargaining, Labor Relations, NLRB, Union Elections

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Peter Gillespie

OSHA Employees Will Now Wear Safety Helmets

On December 11, 2023, the Occupational Safety and Health Administration (OSHA) announced that its employees would now be using safety helmets in place of traditional hard hats when inspecting employer establishments. According…more

ANSI, OSHA, Safety Precautions

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Andrew Goldberg

“Strike For Black Lives” Planned For Monday, July 20, 2020

As reported by the Associated Press and CNN Business, employees in at least 25 states across the country intend to strike on Monday, July 20, 2020, as part of the Strike for Black Lives. Unions supporting this event include the…more

Black Lives Matter, Human Rights, Police Brutality, Protests, Race Relations

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Matthew Guerrero

Employers Need to Review Workplace Rules and Policies Following Recent NLRB Decisions

On August 22, 2023, we advised all employers—whether their workforces are unionized or not—about the National Labor Relations Board (NLRB) decision in Stericycle, Inc. In Stericycle, the NLRB articulated its new standard in…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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Debrai Haile

“Strike For Black Lives” Planned For Monday, July 20, 2020

As reported by the Associated Press and CNN Business, employees in at least 25 states across the country intend to strike on Monday, July 20, 2020, as part of the Strike for Black Lives. Unions supporting this event include the…more

Black Lives Matter, Human Rights, Police Brutality, Protests, Race Relations

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Brian Jackson

Biden Administration Releases New Vaccine Mandate Rules Impacting Employers

On November 4, 2021, the Biden administration announced two new rules which implement vaccine mandates in the workplace. OSHA Rule Impacting Employers with 100 or more Employees The Department of Labor’s Occupational Safety and…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Executive Orders, Healthcare Facilities

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Matthew Kellam

UPDATE: EEOC Deadline For Component 2 Of The EEO-1 Survey

As anticipated, on July 15, 2019, the Equal Employment Opportunity Commission (EEOC) opened its portal for employers to manually file Component 2 EEO-1 Compensation Data (Component 2 data) for calendar years 2017 and 2018 via…more

EEO-1, Equal Employment Opportunity Commission (EEOC), Pay Data, Pay Gap, Portal

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Monica Lasky

New IRS Guidance Offers Employers Direction regarding COBRA Subsidy Obligations

As we previously reported, the recently enacted American Rescue Plan Act of 2021 (ARPA) includes a six-month COBRA premium subsidy whereby the federal government subsidizes 100% of the COBRA premium during the period of April 1,…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

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Amber Lukowicz

Considerations for Large Employers Caught in the Middle of the OSHA ETS Litigation

On November 5, 2021, the highly anticipated OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) was issued. One day later, November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily…more

Appeals, Appellate Courts, Coronavirus/COVID-19, Employer Mandates, Judicial Review

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Eileen Lysaught

Attention Business Entities: Do You Need to File a Business Owners Information Report with FinCEN? All Companies Must Review This New Requirement!

The Corporate Transparency Act (CTA) became effective on January 1, 2024. Unless an entity meets an exemption, the CTA requires corporations, limited liability companies, and other entities to (1) report specific beneficial…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Effective Date, FinCEN

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Marron Mahoney

Recent NLRB Decision Significantly Impacts Employee Releases and Separation Agreements

The National Labor Relations Board recently issued a decision in McLaren Macomb, holding that employers may not offer severance agreements that require employees to agree to non-disparagement or confidentiality provisions unless…more

Confidentiality Agreements, Contract Terms, Hiring & Firing, NLRA, NLRB

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Alexandra McNicholas

Illinois Appellate Court Affirms the Rights of Transgender Employees in the Workplace

The Illinois Appellate Court (Second District) recently issued an opinion deciding an issue of first impression here in Illinois: whether an employer violates the Illinois Human Rights Act (Act) by denying a transgender woman…more

Appeals, Bostock v Clayton County Georgia, Employee Restrooms, Employer Liability Issues, Employment Litigation

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Eileen Momblanco

Now is the Time to Start Preparing for the H-1B Cap Lottery for Foreign Students or International Candidates

The United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B lottery registrations, known as the H-1B Cap Lottery, for Fiscal Year 2025 starting in March of 2024 (exact dates to be announced)…more

Foreign Students, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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David Moore

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information…more

Appeals, Biometric Information, Biometric Information Privacy Act, Class Action, Consent

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Patrick Morris

U.S. Department of Labor Finalizes Rule To Increase Salary Thresholds For Exempt Employees Under The Fair Labor Standards Act

The U.S. Department of Labor has finalized a new rule that increases the salary thresholds for exempt employees under the Fair Labor Standards Act (FLSA). This new rule is intended to expand overtime opportunities for millions…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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Jennifer Naber

FFCRA UPDATE: New Revised DOL Regulations Impact Key FFCRA Paid Leave Regulations

As previously reported, in early August 2020, a New York Federal District Court invalidated certain U.S. Department of Labor (DOL) regulations relating to the Families First Coronavirus Response Act (FFCRA), which applies to…more

Amended Regulation, Child Care, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA)

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William Nichols

The Supreme Court's Decision Declaring Section 3 Of The Defense Of Marriage Act Unconstitutional Has Far-Reaching Implications For Affected Employers

On June 26, 2013, in United States v. Windsor, the United States Supreme Court struck down Section 3 of DOMA, holding that it was unconstitutional to discriminate between same-sex and opposite-sex marriages for purposes of…more

Civil Unions, DOMA, Domestic Partnership, Employee Benefits, Employer Mandates

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Jill O'Brien

Frequently Asked Questions Regarding the Illinois Salary History Ban

Q: What is the “salary history ban”? A: The “salary history ban” is an amendment to the Illinois Equal Pay Act of 2003 that prohibits employers from..…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Salary/Wage History, State Labor Laws

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Clifford Perry III

Illinois Supreme Court Holds A Violation Of BIPA Occurs And Accrues With Each Scan

The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a…more

Bargaining Units, Biometric Information, Biometric Information Privacy Act, Class Action, Collective Bargaining Agreements (CBA)

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Amber Peters

City of Chicago Significantly Expands Paid Leave Requirements Starting December 31, 2023

On November 9, 2023, the Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance). This new Ordinance replaces the prior Chicago Paid Sick Leave Ordinance. The Ordinance provides covered…more

Collective Bargaining Agreements (CBA), Employment Policies, Local Ordinance, Notice Requirements, Paid Leave

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Elizabeth Przybysz

Biden Administration Lifts Travel Restrictions for Vaccinated Individuals

On October 25, 2021, the Biden Administration issued a proclamation ending various travel bans that restricted the entry of nonimmigrants into the U.S. who within 14 days prior to seeking entry into the U.S. had been in…more

Biden Administration, Coronavirus/COVID-19, Foreign Nationals, International Travel, Non-Immigrant Visas

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Elizabeth Rice

Employer Work Rules Need Review Due To NLRB Strict New Standard

On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle, Inc., in which it articulated its new standard for evaluating whether employer work rules are impermissible under the National Labor…more

Balancing Test, Boeing, Employee Handbooks, Employee Rights, Employer Liability Issues

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Andrea Rodriguez

EEOC Proposes Workplace Harassment Guidance: What Employers Should Know

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance…more

Bostock v Clayton County Georgia, Comment Period, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Francesca Simoncelli

NLRB Rules Dues Checkoff Cannot Be Unilaterally Stopped Upon the Expiration of the CBA

The National Labor Relations Board (NLRB) recently issued a decision which held that employers who currently do not remit union dues because of the expiration of a collective bargaining agreement (CBA) may be found to be in…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Contract Terms, Employer Liability Issues, NLRA

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Will Wake

OSHA Mandates Pay to Certain Healthcare Workers

The Occupational Safety and Health Administration recently issued a new Emergency Temporary Standard (ETS) that requires an employer to provide paid leave to employees who provide healthcare services or healthcare support…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Healthcare Facilities, Healthcare Workers, Hospitals

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Darin Williams

Breaking News: Federal Judge Strikes Down FTC Noncompete Rule

As was widely reported, earlier this year the Federal Trade Commission (FTC) issued a rule banning nearly all noncompete agreements with limited exceptions. The rule was to take effect on September 4, 2024, as we recently…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Joseph Yastrow

If Passed, the Chicago Fair Workweek Ordinance Will Significantly Impact How Chicago Employers Schedule Their Employees

The Chicago City Council has been considering a new Ordinance, the Chicago Fair Workweek Ordinance (“CFWO”) that could significantly impact how Chicago employers schedule employees. If passed, the CFWO would require employers…more

Fair Workweek, Fast-Food Industry, Food Service Workers, Local Ordinance, Retail Workers

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