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