The new administration is making headlines with its intense focus on immigration-related matters. Recent Executive Orders have notably expanded the ability of the Department of Homeland Security and its affiliated agencies to investigate, apprehend and detain illegal aliens in the … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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” … READ MORE …
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, … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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. … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
