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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
