By David Michael and Dan Lewis The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to $55,068 The proposed rule would adjust the minimum salary level for executive, […]
In the wake of the U.S. Supreme Court’s momentous ruling this summer on the use of affirmative action in college admissions, many companies may wonder what it means for their affirmative action and Diversity, Equity and Inclusion (DEI) programs. At the moment, from a purely legal perspective, the answer is nothing directly. The Decision and […]
By David Michael and Zac Pestine On August 2, 2023, the current version of the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc. and Teamsters Local 628 (Stericycle) that again shifts its position on employer work rules or other policies and the impact such rules/policies have on employee rights under Section 7 […]
By David Michael and Dan Lewis The U.S. Citizenship and Immigration Service (USCIS) has announced that employers must use new Form I-9 (Rev. 08/01/23) (the “New Form I-9”) by November 1, 2023. USCIS also has issued a new rule that permits employers to use an alternative documentation verification process for employees working remotely. New Form […]
By David Michael and Dan Lewis The U.S. Supreme Court last month clarified the standard for when an employee’s request for a religious accommodation imposed an “undue hardship” on an employer. Before this most recent decision (Groff v. Dejoy), employers could deny a religious accommodation that would pose an “undue hardship” by showing that the […]
By David Michael and Zac Pestine [Updated Monday, August 7, 2023] A bill significantly increasing the rights in Illinois of temporary workers and requiring temporary staffing agencies and their third-party clients to strengthen safety protocols has been signed into law by Gov. J.B. Pritzker and is now effective. The bill, which amends the Day and […]
This post is the third in a three-part series examining the use of artificial intelligence (AI) in Human Resources. In Part I, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In Part II, we explored legal conflicts that have occurred, statutes about which companies should keep apprised […]
On June 13, 2023, the National Labor Relations Board (NLRB) overruled the Trump-era decision that “entrepreneurial opportunity” is the animating principle of the test to determine whether a worker is an employee or independent contractor under the National Labor Relations Act (NLRA). In doing so, the NLRB restored the common-law “totality of the circumstances” test. […]
On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo advising NLRB regional directors that non-compete agreements generally infringe on employees’ rights under Section 7 of the National Labor Relations Act (NLRA). As a result, employers should examine their existing restrictive covenant agreements for “Section 7” concerns and understand […]
In Part I of this three-part series on artificial intelligence (AI) in the workplace, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In this Part II, we explore legal conflicts that have occurred, statutes about which companies should keep apprised and how to mitigate the legal risks […]
This post is the first in a three-part series examining the use of AI in Human Resources. Artificial intelligence (AI) is already a key feature in many people’s lives, including at work. While some AI platforms have been around for years, highly advanced intelligence platforms, such as ChatGPT, could become ubiquitous in research and problem […]
The U.S. Supreme Court recently held that a rig oil worker paid at a daily rate that amounted to $200,000 annually was entitled to overtime pay because he was not paid on a “salary basis” as required by the Fair Labor Standards Act (FLSA). The court’s decision in Helix Energy Solutions Group, Inc. v. Hewitt […]
Congress passed two laws related to pregnant workers and nursing mothers in December 2022. First, Congress passed the Pregnant Workers Fairness Act (PWFA), which requires employers with at least 15 employees provide “reasonable accommodations” to a worker’s limitations related to pregnancy, childbirth or related medical conditions, unless the accommodations will cause an “undue hardship” to […]
On March 13, 2023, Illinois became only the third state to mandate paid time off for all workers in the state when it enacted the Paid Leave for All Workers Act. The act is effective January 1, 2024. Under the act, covered employers must provide employees with up to 40 hours of paid leave during […]
Late last month, the U.S. Supreme Court agreed to hear Groff v. DeJoy, a case that could potentially change the legal landscape for employers handling accommodation requests for an employee’s religious beliefs and practices under Title VII. In short, it is reasonable to anticipate that this case could make it more difficult for employers to […]
The U.S. Department of Labor’s (DOL) Wage and Hour Division recently released an opinion letter finding that employees who qualify for leave under the FMLA may use FMLA leave to work reduced hours until they have exhausted their FMLA leave. As background, an employer received a medical certification stating that an employee could only work […]
The U.S. Department of Labor’s (DOL) Wage and Hour Division released a Field Assistance Bulletin (FAB) providing guidance about employer obligations and worker protections under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) for remote employees. The DOL advises employers that: Breaks While Working Remotely Under the FLSA, […]
By Dan Lewis and Mark Brookstein With 2023 just around the corner, now is the time for employers to prepare for updates and anticipated changes to federal, state and local employment laws. Below is a brief summary of the landscape of changes to employment law for employers in 2023. What Employers In Chicago Need […]
The U.S. Equal Employment Opportunity Commission (EEOC) released a new workplace poster titled “Know Your Rights,” which replaces the former “EEO is the Law” poster. Covered employers are required to hang these posters in the workplace. The “Know Your Rights” poster has some notable changes to the prior poster. According to EEOC Chair, Charlotte A. […]
Chicago continues to be at the forefront of combatting sexual harassment in the workplace by further expanding the existing training requirements. Chicago employers have previously been required to provide annual sexual harassment training for employees and supervisors. However, recently, Chicago has increased these requirements by adding an additional hour of “bystander intervention” training. The Chicago […]
The Illinois Department of Labor (IDOL) issued new rules last week regarding the statutory change to the Illinois Minimum Wage Law, which extends its protections to domestic workers. In a press release, the IDOL’s Acting Director Jane Flanagan was quoted saying, “The General Assembly has established that domestic workers deserve the same core labor protections […]
The Chicago Fair Workweek Ordinance went into effect in 2020. In a previous article, we discussed how the ordinance brought predictability to employee scheduling by requiring employers to provide 10 days’ notice of an employee’s schedule. As of July 1, 2022, covered Chicago employers will be required to either give employees 14 days advance notice […]
The U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document on March 14, detailing recommended best practices for employers managing workers with caregiver responsibilities. The guidance notes that the COVID-19 pandemic has compounded stress for many Americas, especially those who care for older relatives, children, spouses, or individuals with disabilities. The guidance further […]
The U.S. Senate passed legislation on February 10, 2022, that prohibits employers from requiring arbitration with employees for certain disputes. The Ending Forced Arbitration Act, which President Biden is expected to sign, invalidates pre-dispute arbitration agreements that preclude a party from filing a lawsuit in court that relates to sexual assault or sexual harassment. Pre-dispute […]
Yesterday, the U.S. Supreme Court greenlit enforcement of the vaccine mandate rule from the Centers for Medicare and Medicaid Services (“CMS”) while litigation regarding the rule continued in the lower courts. The interim final rule requires all healthcare workers working in facilities that receive funding from CMS be vaccinated—except for those with medical and religious […]
Yesterday, the U.S. Supreme Court issued an opinion staying enforcement of OSHA’s emergency temporary standard (“ETS”) which had required vaccines or weekly testing for employers with 100 employees or more. The Court found that the states and business organizations challenging the ETS were likely to succeed in demonstrating OSHA exceeded its statutory authority. Notably, the […]
Last week, the U.S. Court of Appeals for the Sixth Circuit granted the Biden administration’s request to dissolve the Fifth Circuit’s November 6 stay on the emergency Covid-19 “shot-or-test” rule. The Occupational Safety and Health Administration (OSHA) published the emergency temporary standard (ETS) on November 5, and it was immediately met by pushback. The ETS […]
The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on COVID-19 (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws) to address when COVID-19 might be considered a disability under the Americans with Disabilities Act (ADA). Under the ADA, an individual is considered “disabled” if the […]
The Acting Associate General Counsel of the National Labor Relations Board (NLRB) recently published a memorandum addressing the types of bargaining obligations under the National Labor Relations Act (NLRA) that may arise out of OSHA’s recently issued emergency temporary standards for mandated vaccination (ETS). Given that the ETS requires employees to get vaccinated or, if […]
OSHA’s recently issued Emergency Temporary Standard (ETS) on mandating vaccines has caused headaches for many employers and rankled others. A flurry of lawsuits have been filed, and the Fifth Circuit has temporarily stayed the rule from taking effect. As we recently wrote about, confusion abounds as the ETS awaits judicial review by one lucky federal […]
On November 5, OSHA released its much-anticipated Emergency Temporary Standard (ETS), requiring employers with 100 or more employees to either implement a mandatory COVID-19 vaccination policy or a policy that requires a choice between vaccination and weekly testing (combined with wearing a mask while at work). For more information on the ETS, see our overview […]
On November 4, 2021, OSHA announced its emergency temporary standard (ETS) requiring employers with 100 or more employees (including part time) to implement a policy that either (a) mandates COVID-19 vaccination, or (b) requires a choice between vaccination or weekly testing (along with wearing a face covering at work). OSHA has provided sample policy templates […]
On Monday, October 25, the EEOC issued the much-anticipated update to its COVID-19 guidance (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws). The update again addresses how COVID-19 interacts with Title VII when employers are faced with mounting religious objections to workplace vaccine requirements. Title VII prohibits employment […]
The Biden administration announced this week that it would mandate COVID-19 vaccinations (with exceptions for disabilities and sincerely held religious beliefs) for a staggering number of Americans. The latest mandate – covering federal workers, federal contractors, and healthcare workers at hospitals and other health institutions that participate in Medicare and Medicaid social programs – is […]
Chicago and Illinois employers should be aware of three recent changes affecting mandated sick leave benefits for employees. In April, Gov. J.B. Pritzker signed into law an amendment to the Employee Sick Leave Act. The amendment, which took effect immediately, expanded coverage for employees. Additionally, as of July, Chicago’s Paid Sick Leave Ordinance now includes […]
The CDC released new guidance last week in an effort to curb the spread of the Delta variant of COVID-19. With cases on the rise, predominantly from the Delta variant, the CDC now recommends that both unvaccinated and vaccinated individuals wear a mask when indoors in public areas where there is “substantial or high transmission” […]
Employers seeking to impose restrictive covenants upon employees will face substantial new hurdles beginning January 1, 2022. Previously, the Illinois Freedom to Work Act barred employers from requiring “low wage” workers earning $13.00 per hour or less to sign a covenant not to compete or covenant not to solicit agreement. The original Act was inspired […]
The Illinois Employee Sick Leave Act (ESLA) was recently amended to give workers more flexibility to care for their loved ones. ESLA was enacted in 2017 and allows employees to use at least a portion of their personal sick-leave benefits available to them under certain existing employer policies to care for covered family members who […]
Infectious disease experts have a saying: Vaccines don’t save lives, vaccinations do. As vaccinations are now widely available, and with the Biden Administration’s goal of 70% of adults at least initially vaccinated by July 4 in reach, employers eager to get back to the way things were pre-pandemic may want to mandate vaccinations. Yet, it […]
Back in March 2020 we advised that — for employees working remotely — the Department of Homeland Security (DHS) was deferring the physical presence requirement of the Employment Eligibility Verification (Form I-9). Ordinarily, the employer “must physically examine” the approved document(s) within three days of the employee’s first day of employment. Because of continued precautions […]
The Chicago City Council last week passed an ordinance providing more rights to employees who take time off from work to obtain the COVID-19 vaccine. Effective immediately, this ordinance allows Chicago employees and independent contractors to get vaccinated during their work hours, requires pay for hours taken to get vaccinated from employers that make vaccination […]
On Wednesday, President Biden detailed a plan that will allow small businesses to claim tax credits for giving paid time off to employees to get and recover from the COVID-19 vaccine. Employers with fewer than 500 employees are eligible for the tax credit, which will offset the cost of paid time off for each employee […]
Last month, Illinois Gov. J.B. Pritzker signed SB 1480, which amended the Illinois Human Rights Act (read our article about the IHRA amendments here), the Illinois Equal Pay Act and the Business Corporation Act. Larger Employers Required to “Obtain Equal Pay Registration Certificate” by March 24, 2024 Private employers with more than 100 employees in […]
Earlier this week, Illinois Gov. J.B. Pritzker signed into law SB1480, which amended the Illinois Human Rights Act (the Act) in a way that will significantly affect how employers deal with employee conviction records. What is Prohibited? Under the amended Act, which takes effect immediately, it is a “civil rights violation” for an employer to […]
Earlier this month, President Biden signed into law the American Rescue Plan Act of 2021 (ARPA). ARPA extends by another six months, the reimbursement of paid leave offered by the Families First Coronavirus Response Act (FFCRA) that was scheduled to expire on March 31, 2021. In addition, along with extending unemployment benefits under the CARES […]
On January 21, 2021, President Biden issued an “Executive Order on Protecting Worker Health and Safety.” The Order, issued on the first full day of the new Biden Administration, was one of many directly addressing COVID-19. The Order stated that the federal government must take “swift action to reduce the risk that workers may contact […]
Agency updates religious discrimination for first time in over a decade The Equal Employment Opportunity Commission (EEOC) has updated the section of its Compliance Manual on religious discrimination in the workplace. The updated section on religious discrimination was published in January 2021 after a short review period and a 3-2 vote along party lines by […]
With the inauguration of Joseph R. Biden as the President of the United States yesterday, we expect to see a different focus, new guidance and new laws. Some of the major changes that may be delivered in the Biden administration include: Renewed Focus on Misclassifications Recently, few areas of employment law have been debated so […]
Last week, Congress passed a $900 billion Appropriations Act. In addition to providing much-needed funding for vaccine distribution, direct payments to the vast majority of Americans, and a renewal of the popular Paycheck Protection Program, the act contains a number of changes that affect businesses and their employees. Paid Sick Leave Credits Extended A covered […]
By David Michael, Emily Wessel Farr and Mark Brookstein Infectious disease experts have a saying: Vaccines don’t save lives, vaccinations do. As the Federal Drug Administration (FDA) has approved the first COVID-19 vaccine, employers eager to get back to normal may want to mandate vaccinations. Yet, it has been reported that a sizable number of […]
The U.S. Equal Employment Opportunity Commission (EEOC) posted an updated technical assistance document entitled “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws“ on September 8, 2020. The EEOC announced that it was providing these updates “in order to create a user-friendly comprehensive guide that addresses common questions about […]
As employers and employees alike shift to new protocols and procedures amidst the COVID-19 global pandemic, the Department of Labor (DOL) reminded employers about their continuing responsibilities. Tracking Hours for Teleworkers Last week, the Department of Labor (DOL) Wage and Hour Division issued guidance on tracking teleworking hours for non-exempt employees. The Fair Labor Standards […]
The U.S. Department of Labor (DOL) has released revised optional forms for employees to use when applying for leave under the federal Family and Medical Leave Act (FMLA) and for employers to use when coordinating leave under the FMLA. The DOL designed the new forms, available on its website, to make the process of seeking […]
Lodging establishments will need to provide training to certain employees on how to recognize the signs. As we wrote about in a previous HR Law Blog post, as of June 1, 2020, employees who have “recurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping […]
Federal civil rights law protects gay and transgender employees from discrimination, the U.S. Supreme Court declared June 15, 2020, in Bostock v. Clayton County, Georgia. In a 6-3 decision, the court resolved the question of whether discrimination based on sexual orientation and/or gender identity is deemed to be discrimination based on sex, and therefore covered […]
UPDATE: In its latest update to its pandemic workplace guidance, the EEOC addresses questions employers will face as businesses reopen and employees return to work. In advance of employees’ return, employers are encouraged to provide information to all employees about who to contact in the event they wish to request an accommodation for a disability […]
Gov. J.B. Pritzker issued Executive Order 2020-39 on May 29, 2020 which states that businesses must follow the guidance first published by the Illinois Department of Commerce and Economic Opportunity (DCEO) on May 24, 2020, regarding safety measures during Phase 3 of the Restore Illinois plan. Until this order was released, it was unclear whether […]
Last week, the Chicago City Council passed the COVID-19 Anti-Retaliation Ordinance, which aims to protect covered employees who remain at home if they have symptoms of COVID-19 or are following a stay-at-home or isolation order. Effective immediately, employers may not terminate, demote or take any other adverse action against a covered employee for obeying an […]
The IRS issued Notice 2020-29 on May 12, 2020, to assist with the response to the COVID-19 pandemic. The notice provides flexibility for mid-year 2020 elections under a §125 cafeteria plan for employer-sponsored health coverage, health Flexible Spending Arrangements (FSA), and dependent care assistance programs (DCAP). It also provides flexibility to carryover unused benefits in an FSA […]
This week, the Department of Labor issued further clarification on the scope of FFCRA. Household Employees May Be Covered Household employees are covered employees under FFCRA if they are covered under the Fair Labor Standards Act (FLSA). As with the FLSA, the question is whether the employee is economically dependent on the household employer, or […]
Following the White House’s issuance of broad guidelines for states to implement a phased reopening of businesses subject to isolation orders stemming from the COVID-19 global pandemic, the U.S. Centers for Disease Control and Prevention (CDC) is reportedly preparing to issue detailed guidance. While we await further direction, as businesses face the difficult questions involved […]
The U.S. Department of Labor (DOL) has updated its FAQ page on the Families First Coronavirus Response Act (FFCRA), explaining how employers should calculate employee leave and addressing the confusion over what a “quarantine or isolation order” means for purposes of emergency paid sick leave. As we previously wrote, the DOL provides guidance via these […]
UPDATE: A challenge to the Illinois Workers’ Compensation Commission’s emergency amendment, described below, has resulted in a temporary hold on the rule. On April 22, 2020, the Illinois Manufacturers’ Association (IMA) and the Illinois Retail Merchants Association (IRMA) filed a complaint in Sangamon County against the IWCC and its Commissioner, Michael J. Brennan, seeking an […]
Current guidance from the Equal Employment Opportunity Commission (EEOC) provides that employers may lawfully take an employee’s temperature upon entering the workplace during the COVID-19 pandemic. In taking this step, however, employers must consider that the time an employee spends waiting to and actually having their temperature taken may need to be paid out. While […]
The Occupational Safety and Health Administration (OSHA) recently released an alert advising employers on safety tips to help protect manufacturing workers from exposure to COVID-19. OSHA advises employers to implement the following: For more information and to discuss these benefits further, please contact a member of Gould & Ratner’s Human Resources and Employment Practice.
The Occupational Safety and Health Administration (OSHA) has released enforcement guidance for recording cases of COVID-19. The guidance is specifically intended to be time-limited to the current public health crisis and is in effect until further notice. The guidance reviews how employers should normally implement applicable rules (found in 29 CFR § 1904) on recording […]
The Illinois Department of Employment Security (IDES) has announced its implementation of expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including: Even though the recent influx of claims has stressed unemployment offices nationwide, the IDES has specifically advised that “every individual who is unemployed or underemployed should file a claim […]
A significant component of the sweeping $2 trillion economic stimulus enacted on March 27, 2020, is a $500 billion Exchange Stabilization Fund, whose intended beneficiaries include mid-sized businesses with less than 10,000 employees that have been impacted by the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act authorizes the U.S. Treasury Department and […]
The CDC this week issued updated COVID-19 guidance for employers, supplementing its “Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)” by adding to its cleaning and disinfecting guidelines, social distancing best practices, and strategies and recommendations to respond to the virus. As we previously wrote about, there are […]
The U.S. Department of Labor (DOL) published a temporary rule Monday, April 6, 2020, that provides additional guidance on the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) portions of the Families First Coronavirus Response Act (FFCRA). As we discussed in a previous blog post, the DOL has […]
As part of the recently enacted $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress included expanded unemployment benefits in partnership with state unemployment agencies. The CARES Act creates a pandemic unemployment assistance program through Dec. 31, 2020, and retroactively to Jan. 27, 2020. The CARES Act will provide payment to those […]
The U.S. Department of Labor issued a series of additional Q&A on March 27, 2020, updating initial guidance for the recently passed Families First Coronavirus Response Act, which covers most employers with fewer than 500 employees. We anticipate the DOL will be issuing implementing regulations on the Response Act in the coming days. Who is […]
The U.S. Department of Labor (DOL) issued a series of Questions and Answers (Q&A) on March 25, 2020, detailing the leave requirements found in the recently passed Families First Coronavirus Response Act (Response Act). We anticipate the DOL will be issuing implementing regulations on the Response Act next week. Additional clarification on when and for […]
As employers nationwide have turned to teleworking to help “flatten the curve,” the Department of Homeland Security (DHS) announced on March 20 that it will defer the physical presence requirement of the Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Ordinarily, the employer “must physically examine” the approved […]
To help employers grappling with how to respond and handle a variety of challenges caused by the coronavirus (COVID-19) pandemic in the United States, we have compiled some answers to frequently asked questions (FAQs) about the latest guidance from federal agencies when it comes to managing your employees. We have also noted where state laws […]
The Illinois Department of Employment Services adopted emergency rules for the COVID-19 crisis. The rules include: Qualification for benefits for those who are temporarily laid off An individual temporarily laid off can qualify for benefits as long as they were able and available for and actively seeking work. The individual would not have to register […]
In a 90-8 vote, the Senate yesterday passed a new version of the Families First Coronavirus Response Act (Response Act) that was signed into law by the President. By way of background, the U.S. House of Representatives over the weekend passed its first version of the Relief Bill in response to the spread of the […]
UPDATE: The bill continues to go through amendments and we expect more changes in the coming day. Check here for latest update. This past weekend, the U.S. House of Representatives passed the “Families First Coronavirus Response Act” (Response Bill) to help address the spread of coronavirus (COVID-19) and help mitigate its economic effects. While the […]
In our blog post back in February, we urged employers to develop and implement a plan to address the impact of a pandemic in the workplace. Since last month, COVID-19 (Coronavirus) has spread across 100 countries with over 120,000 total cases. In the United States, more than 1,000 cases have been reported – a statistic […]
The coronavirus, which originated in Wuhan, Hubei Province, China, in December 2019, has spread to the United States, although so far in very small numbers. The Trump administration and the World Health Organization (WHO) have declared the virus a public health emergency. Employers should monitor the developments related to the virus and develop a plan […]
Employment laws are often grouped based on numbers – number of employees, to be exact. Sometimes, however, you can group laws by industry. This year, a number of new laws will affect Illinois hotels. Lodging Services Human Trafficking Recognition Training Act Illinois lodging establishments will need to provide training to certain employees on how […]
The I-9 Form, used to verify employment eligibility, was updated January 31, 2020, by U.S. Citizenship and Immigration Services. Employers should begin using this updated form for new hires as soon as possible but have until April 30, 2020, to transition completely. If employers do not make the transition by this date, they could face […]
3 … 2 … 1 … Happy New Year! It’s nearly 2020, and you may have read our previous blog posts about what that means for employers in Chicago, Illinois and the U.S. The Gould & Ratner Human Resources and Employment team is here to help as you transition your policies to be compliant in […]
The U.S. Department of Labor (DOL) yesterday announced its final rule on perks and benefits under the Fair Labor Standards Act (FLSA), defining what forms of payment are eligible for the time and one-half calculation when determining overtime rates. Under FLSA, covered, nonexempt workers must be paid overtime at no less than one and one-half […]
The Chicago Fair Workweek Ordinance, which seeks to bring predictability to employee scheduling, is effective as of July 1, 2020. Under the ordinance, covered employers will be required to provide 10 days’ notice of an employee’s schedule (increasing to 14 days on July 2, 2022). The Building Owners & Managers Association of Chicago (BOMA) filed […]
2020 is just weeks away, and Illinois’ new law allowing adults 21 and older to possess and purchase cannabis from licensed stores has the potential to substantially change employers’ current drug testing policies. Since Governor J.B. Pritzker signed into law the Illinois Cannabis Act in June 2019, there has been much debate over the tension […]
Illinois Gov. J.B. Prtizker recently signed into law the Artificial Intelligence Video Interview Act that makes Illinois the first state to address the use of artificial intelligence (AI) in hiring. The new law, effective Jan. 1, 2020, will require employers to provide notice to and obtain consent from job applicants whose recorded video interviews are […]
Throughout 2019, Illinois has adopted a number of laws imposing new requirements and restrictions on employers, meaning that prudent Illinois employers should consider updating their employee handbooks to ensure compliance with new laws in effect now and as of Jan. 1, 2020. Following are brief recaps of the new laws: Salary History Ban On Sept. […]
The U.S. Department of Labor (DOL) yesterday issued its final rule on overtime pay under the Fair Labor Standards Act (FLSA) increasing the salary thresholds for workers to be considered “exempt” and opening the door to an estimated 1.3 million workers receiving overtime pay next year. For the past 15 years, employees generally could be […]
When signed into law last month, the new Illinois Workplace Transparency Act (WTA) included a variety of provisions creating substantial changes for employers and employees starting Jan. 1, 2020. We covered one of the provisions – mandatory annual sexual harassment prevention training – in our blog post here. The WTA also includes new restrictions on […]
A new amendment to the Illinois Equal Pay Act seeks to ensure gender pay equity. As discussed in our recent posting, “New Illinois Law Bans Employers From Asking About Salary History,” starting Sept. 29, 2019, employers will be prohibited from asking job applicants (and their former employers) about wage, salary or benefits history. The following […]
The I-9 Form, used to verify employment eligibility, is set to expire August 31, 2019. Although the U.S. Citizenship and Immigration Services (USCIS) is working to update the form, there will likely be a gap between the expiration of the old form and the implementation of the new one. USCIS has not filed an updated […]
A new law in Illinois seeks to advance the fight for pay equity. Governor J.B. Pritzker signed legislation on July 31, 2019, banning Illinois companies from asking job applicants or their previous employers about salary history during the hiring process. The No Salary History law, designed to help close the wage gap between men and […]
Illinois Governor J.B. Pritzker has signed into law an amendment to the Health Care Worker Background Check Act, which provides an expedited process for applicants with arrest or conviction records to seek a waiver to work in the healthcare industry. Over the next 10 years, the healthcare field is projected to be the fastest growing […]
The Illinois General Assembly has passed SB 75, a bill that would require all employers in the state to provide workplace sexual harassment training to employees annually, following the trend of California, New York, Delaware, Connecticut and Maine, who have passed similar laws. Failure to train employees would result in a $500 penalty to businesses […]
Attention businesses operating in Illinois: If you use a person’s “biometric” data for things like timekeeping or security, you must have a written policy under which you: (1) obtain written consent, (2) store the data confidentially and (3) destroy the data no later than three years after the last interaction with the person. If you […]
Early March has come in like a lion for employers, who are now facing potential new federal rules on overtime and classification, as well as changes to how much information they need to be reporting to the Equal Employment Opportunity Commission regarding pay rates broken down by gender and race. Labor Department Proposes Expanding Overtime […]
As we welcome 2019, the following is a recap of new laws affecting Illinois employers. Illinois Human Rights Act The Illinois Human Rights Act (IHRA) now requires all Illinois employers to advise employees of their right to be free from harassment, discrimination, and retaliation in the workplace. Employers must post a notice provided by the […]
On August 21, 2018 the State of Illinois amended the Nursing Mothers in the Workplace Act to prohibit an employer from reducing an employee’s compensation for breaks for nursing mothers. Originally, employers were required to provide “reasonable unpaid break time each day” to express milk, which “must, if possible, run concurrently with any break time […]
The U.S. Supreme Court has delivered a major victory for employers across America – ruling that mandatory arbitration agreements that contain a provision prohibiting any form of class or collective litigation are lawful. The issue was ripe for consideration at the Supreme Court because there was a split among the Circuit Courts of Appeal as […]
The issue of sexual harassment and misconduct in the workplace vaulted to the forefront of most employers’ attention in 2017, with the #MeToo hashtag going viral and Time magazine naming as its People of the Year the #SilenceBreakers, its name for the women and men who came forward in 2017 to report sexual harassment and […]
In a groundbreaking decision, the federal appellate court in Chicago has held that employers are not required under the Americans with Disabilities Act (ADA) to provide an employee with a long-term medical leave of absence after the employee has exhausted all of his or her leave under the Family and Medical Leave Act (FMLA). Severson […]
The Office of Management and Budget (OMB) has announced an immediate stay and review of an Obama-era policy requiring pay information to be included on form EEO-1. The revised form was set to take effect with the next filing cycle in March 2018. The Equal Employment Opportunity Commission (EEOC) has always required companies to report […]
Remember last November when a federal judge put a temporary hold on significant changes to federal labor laws affecting millions of workers and their employers? We wrote about it here. Last week, the judge issued a final ruling that struck down the proposed changes, which would have required employers either to substantially increase the pay […]
On July 1, 2017, two new local ordinances requiring employers in Cook County or Chicago to provide paid sick leave take effect: the Chicago Paid Sick Leave Ordinance and the Cook County Earned Sick Leave Ordinance. These ordinances require virtually all private employers to provide for the accrual and use of up to 40 hours of […]
The Illinois House of Representatives has passed House Bill 2462, which aims to prevent pay discrimination against women in Illinois. The bill amends the existing Equal Pay Act of 2003, which prohibits employers from paying wages to another employee of the opposite sex for the same or substantially similar work, where the job requires substantially […]
The U.S. Court of Appeals for the Seventh Circuit (in Chicago) ruled on April 4, 2017, that Title VII of the Civil Rights Act of 1964 – which prohibits workplace discrimination based on race, color, religion, sex or national origin – includes discrimination based upon an employee’s sexual orientation. While the federal agency that enforces […]
Effective Sunday, January 22, 2017, all employers must have completely converted to using the new version of the Form I-9 to verify new employee identification and U.S. employment authorization (for both citizens and non-citizens). Employers are not required to re-verify existing employees on the new Form I-9, except when an employee’s authorization documents have expired. It is imperative that all employers use this new […]
For many, January 1 signifies a time for making New Year’s resolutions, setting goals and resetting benchmarks. This year, one thing is certain: when we enter the New Year, several new or amended employment laws will take effect for Illinois employers – and inevitably affect many individuals as well. The 2017 changes starting either January 1 […]
On Tuesday, November 22, 2016, a Texas federal court temporarily blocked the U.S. Department of Labor’s new overtime rule nationwide, scheduled to take effect next week on Thursday, December 1. The new overtime rule (called the Final Rule) would make about 4.2 million workers across the country newly eligible for overtime. The Final Rule increases […]
As of Wednesday, companies are no longer subject to the Department of Labor’s “Persuader Rule” requiring disclosure of legal advice a company receives in response to union organization campaigns. A court in Texas has permanently blocked the new Persuader Rule. Earlier this year, the Department of Labor issued the new Persuader Rule requiring public disclosure […]
The Department of Labor just announced its updates to the overtime exemptions effective December 1, 2016. These updates (“Final Rule”) greatly impact many businesses, resulting in more than 4 million workers who are currently overtime-exempt eligible for overtime pay. Federal labor law requires that all employees receive at least a minimum wage and that most […]
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA provides companies with a direct federal cause of action to enforce their trade secret rights, which was not previously available. The new law received broad bipartisan support from the House and Senate. Prior to the DTSA, […]
Last week, McDonald’s and the National Labor Relations Board (NLRB) faced off in an administrative court to determine whether the fast-food chain is liable for the actions of its franchisees as a joint employer. The case arose out of hundreds of complaints filed by fast food workers alleging they were illegally threatened, disciplined, or fired […]
Litigation over restrictive covenant agreements, including non-competes, is on the rise. Because such agreements are viewed as restraints on trade, they are generally disfavored by Illinois courts. In a recent decision, an Illinois appellate court followed suit, striking down as overbroad and unreasonable the non-compete, non-solicit and confidentiality provisions in an employment agreement. AssuredPartners, Inc. […]
Let’s talk for a bit about a rather hot topic lately—worker classification. We begin with a joke. Rich Hall, the comedian, has one about how to tell what economic class you’re in: “When you go to work in the morning, if your name is on the building—you’re rich, if your name is on your desk—you’re […]
Macy’s joins the growing list of employers that have violated Federal labor law. Macy’s recently joined this list due to policies in its Code of Conduct (the “Handbook”). A National Labor Relations Board Administrative Law Judge (“ALJ”) found these policies overbroad under the National Labor Relations Act (the “Act”). In short, the Act gives employees […]
Currently, employers are not required to pay overtime (time and a half) to “exempt” employees who earn at least $23,660 per year ($455 per week). Exempt employees are those employed in bona fide executive, administrative, computer and outside sales positions. (For more info, check out http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.pdf) That could change rather drastically. The DOL has issued […]
On June 1, 2015, the U.S. Supreme Court held that in order to prevail in a disparate-treatment claim, an applicant need show only that her need for accommodation was a motivating factor in the employer’s decision, not that the employer had actual knowledge of her need. In 2008, Samantha Elauf, a Muslim woman, applied for […]
Many of you employers out there have had the misfortune of receiving a “Charge of Discrimination” from the EEOC, alleging a violation of Title VII of the Civil Rights Act of 1964. The best outcome, of course, is that the EEOC makes a “no cause” determination after investigating and reading your position statement (and the […]
In a split decision ruling on December 11, 2014, the National Labor Relations Board (“Board”) held that employees have the right to use their employers’ email systems for nonbusiness purposes, including soliciting, distributing and organizing employees. The Board’s decision is limited to: Employees who already have access to their employer’s email system in the course […]
In a significant change for employers facing a union representation election, the National Labor Relations Board (“NLRB” or “Board”) has adopted its “final rule” amending representation case procedures. These procedures resolve certain existing representation disputes and provide detailed guidance on the NLRB’s representation procedures, from the petition being filed to post-election issues. Under the previous […]
2014 has certainly been an interesting year at the National Labor Relations Board (“the Board”). This year has seen the joint-employer rulings to the Northwestern student-athlete representation hearing decision out of Region 13 (Chicago). In addition, potential repercussion of the Supreme Court’s Noel Canning decision, which voids every Board decision from January 4, 2012 to […]
On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidance on pregnancy discrimination, the first comprehensive update on the subject since the 1983 publication of a chapter on the subject in the Compliance Manual. The new guidance sets out the fundamental Pregnancy Discrimination Act (“PDA”) protections: that employers are prohibited […]
On July 21, 2014, President Obama signed Executive Order (“EO”) 13672, designed to prohibit federal contractors from discriminating against employees based upon sexual orientation and gender identity and broadly prohibiting discrimination based on gender identity across all federal employment. EO 13672 amends two prior executive orders: EO 11246, issued by President Lyndon Johnson to prohibit […]
On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“EO”), which requires prospective federal contractors to disclose labor law violations and provides additional guidance to government agencies on how to consider labor violations when awarding contracts. The EO also encourages employers to settle existing disputes, ensures that workers are […]
Illinois joins the growing list of states which have enacted legislation banning employers from asking about criminal convictions on an employment application. The new law, signed on July 21, 2014, applies to private-sector employers that have 15 or more employees in the current or preceding calendar year. It becomes effective on January 1, 2015. The […]
As of April 1, 2014, employers with five or more employees who are hired to work more than 80 hours a calendar year in New York City must provide paid sick leave under the new Earned Sick Time Act (“the Act”). Under the Act, the employer has to provide 40 hours of paid sick leave […]
On April 8, 2014, President Obama issued an executive order (New EO) amending Executive Order 11246 (EO 11246) to prohibit discrimination or retaliation against employees of Federal government contractors for discussing compensation along with a Memorandum to the Secretary of Labor (the Memo) directing the Secretary of Labor (the Secretary) to propose a rule directing […]
The Illinois Appellate Court recently issued a decision changing a fundamental aspect of the law on non-compete agreements in Illinois—which may cast doubt on the enforceability of non-compete agreements your company has put in place with new employees in the last two years. Prior to the court’s decision, Illinois law allowed an employer to enforce […]
Along with the New Year come a number of changes to Illinois law that are certain to impact employers. The following changes took effect January 1, 2014: Social Media. The Right to Privacy in the Workplace Act, which was amended effective January 1, 2013 to prohibit employers from requiring employees to disclose usernames and passwords […]
