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 […]
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 […]
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” […]
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 […]
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 […]
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 […]
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: Practice sensible social distancing and maintain six feet between coworkers where possible; Establish flexible working hours, including staggering shifts, if possible; Train workers […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
