After months of uncertainty over what aspect of employer DEI (or diversity, equity and inclusion) policies could be discriminatory, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued informal guidance outlining the agencies’ positions. This … READ MORE …
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 …
Several new laws approved by the Illinois General Assembly and signed into law this year by Governor JB Pritzker are aimed at protecting and expanding the rights of employees in the state. The new measures’ effect will also be felt … READ MORE …
In the first definitive ruling on the Federal Trade Commission’s Final Rule banning most noncompete agreements, the Texas federal judge that previously granted a preliminary injunction to temporarily block the Final Rule from taking effect (see our blog post on … READ MORE …
The Federal Trade Commission (FTC) issued a much-debated “Final Rule” earlier this year that banned most noncompete agreement nationwide. In support of its position, the FTC declared that such agreements are an “unfair method of competition” in violation of Section … READ MORE …
A federal judge in Texas granted a preliminary injunction on June 28, 2024, barring the July 1, 2024, effect of a new U.S. Department of Labor (DOL) overtime regulation for employees of the State of Texas that would have increased … READ MORE …
In a 9-0 decision, the U.S. Supreme Court recently sided with Starbucks Corp. over the National Labor Relations Board (NLRB) in a decision that would severely delay the process for the NLRB to obtain preliminary injunctions for employees discharged during … READ MORE …
The U.S. Supreme Court recently ruled that a mandatory job transfer might be considered an “adverse employment action” under federal anti-discrimination law. Following this decision, which creates a lesser standard for employees bringing discrimination claims, employers can expect more HR … READ MORE …
In an expected but still potentially paradigm-shifting move for employers, the Federal Trade Commission (FTC) has issued a “Final Rule” banning most noncompete agreements nationwide. The FTC justified its position by declaring that such agreements – which generally prohibit an … READ MORE …
On March 11, 2024, Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois granted plaintiffs’ motion for a preliminary injunction prohibiting the Illinois Department of Labor (DOL) from enforcing the “equivalent benefits” portion of … READ MORE …
Effective December 31, 2023, Cook County’s new Paid Leave Ordinance (the Ordinance) will require employers to provide 40 hours of paid leave (i.e., leave that can be used for any reason) during a 12-month period. The Ordinance replaces the Cook … READ MORE …
The Chicago City Council has passed an amendment to the new Paid Leave and Paid Sick and Safe Leave Ordinance that delays its effective date from December 31, 2023, to July 1, 2024. The new effective date grants employers a … READ MORE …
A plethora of federal, state and local employment laws will take effect in 2024. Here is what employers must know: Federal Law Department of Labor (DOL) Exemption Thresholds On August 30, 2023, the DOL announced a notice of proposed rulemaking … READ MORE …
On November 17, 2023, Gov. J.B. Pritzker signed HB3641, which delays the start date for the calculation of the 90 calendar days under the new equal pay and benefit section of the Illinois Day and Temporary Labor Services Act (DTLSA). … READ MORE …
For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What if, for example, your … READ MORE …
On November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the Ordinance), which takes effect on December 31, 2023. The Ordinance will replace Chicago’s current Paid Sick Leave Ordinance (the … READ MORE …
On November 9, 2023, the Illinois General Assembly passed HB3641, which among other things, amends the start date for the calculation of the 90 calendar days under the new equal pay and benefit section of the Illinois Day and Temporary … READ MORE …
Starting January 1, 2025, employers with 15 or more employees must include pay ranges in postings for jobs in Illinois. This new requirement, an Amendment to the Illinois Equal Pay Act, was signed into law by Illinois Gov. J.B. Pritzker … 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 …
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 … READ MORE …
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 … 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 …
[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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … 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 …
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 … 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 …
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 … READ MORE …
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 … 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 …
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 … 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 …
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 … READ MORE …
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 … READ MORE …
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 … 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 …
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 … READ MORE …
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 … 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 …
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 … READ MORE …
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 … 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 …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … 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 …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … 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 …
