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 …
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 …
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 …
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 …
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 …
On March 13, 2023, Illinois became only the third state to mandate paid time off for all workers in the state when it enacted the Paid Leave for All Workers Act. The act is effective January 1, 2024. Under the … 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 …
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 …
Last week, the U.S. Court of Appeals for the Sixth Circuit granted the Biden administration’s request to dissolve the Fifth Circuit’s November 6 stay on the emergency Covid-19 “shot-or-test” rule. The Occupational Safety and Health Administration (OSHA) published the emergency … 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 …
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 … READ MORE …
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, … READ MORE …
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 … 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 …
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 …
The Chicago City Council last week passed an ordinance providing more rights to employees who take time off from work to obtain the COVID-19 vaccine. Effective immediately, this ordinance allows Chicago employees and independent contractors to get vaccinated during their … READ MORE …
On Wednesday, President Biden detailed a plan that will allow small businesses to claim tax credits for giving paid time off to employees to get and recover from the COVID-19 vaccine. Employers with fewer than 500 employees are eligible for … READ MORE …
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 … READ MORE …
Earlier this week, Illinois Gov. J.B. Pritzker signed into law SB1480, which amended the Illinois Human Rights Act (the Act) in a way that will significantly affect how employers deal with employee conviction records. What is Prohibited? Under the amended … READ MORE …
Earlier this month, President Biden signed into law the American Rescue Plan Act of 2021 (ARPA). ARPA extends by another six months, the reimbursement of paid leave offered by the Families First Coronavirus Response Act (FFCRA) that was scheduled to … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … 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 …
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, … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … READ MORE …
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 … 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 Illinois Department of Employment Security (IDES) has announced its implementation of expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including: Even though the recent influx of claims has stressed unemployment offices nationwide, the IDES … READ MORE …
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 … 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 …
As part of the recently enacted $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress included expanded unemployment benefits in partnership with state unemployment agencies. The CARES Act creates a pandemic unemployment assistance program through Dec. 31, … READ MORE …
As employers nationwide have turned to teleworking to help “flatten the curve,” the Department of Homeland Security (DHS) announced on March 20 that it will defer the physical presence requirement of the Employment Eligibility Verification (Form I-9) under Section 274A … 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 …
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 …
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 … READ MORE …
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 … READ MORE …
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 … 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 …
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 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 … READ MORE …
The Chicago Fair Workweek Ordinance, which seeks to bring predictability to employee scheduling, is effective as of July 1, 2020. Under the ordinance, covered employers will be required to provide 10 days’ notice of an employee’s schedule (increasing to 14 … READ MORE …
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 … READ MORE …
Illinois Gov. J.B. Prtizker recently signed into law the Artificial Intelligence Video Interview Act that makes Illinois the first state to address the use of artificial intelligence (AI) in hiring. The new law, effective Jan. 1, 2020, will require employers … READ MORE …
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. … READ MORE …
The U.S. Department of Labor (DOL) yesterday issued its final rule on overtime pay under the Fair Labor Standards Act (FLSA) increasing the salary thresholds for workers to be considered “exempt” and opening the door to an estimated 1.3 million … READ MORE …
When signed into law last month, the new Illinois Workplace Transparency Act (WTA) included a variety of provisions creating substantial changes for employers and employees starting Jan. 1, 2020. We covered one of the provisions – mandatory annual sexual harassment … 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 …
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. … READ MORE …
As we welcome 2019, the following is a recap of new laws affecting Illinois employers. Illinois Human Rights Act The Illinois Human Rights Act (IHRA) now requires all Illinois employers to advise employees of their right to be free from … READ MORE …
On August 21, 2018 the State of Illinois amended the Nursing Mothers in the Workplace Act to prohibit an employer from reducing an employee’s compensation for breaks for nursing mothers. Originally, employers were required to provide “reasonable unpaid break time … 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 …
The Office of Management and Budget (OMB) has announced an immediate stay and review of an Obama-era policy requiring pay information to be included on form EEO-1. The revised form was set to take effect with the next filing cycle … READ MORE …
Remember last November when a federal judge put a temporary hold on significant changes to federal labor laws affecting millions of workers and their employers? We wrote about it here. Last week, the judge issued a final ruling that struck … 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 …
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA provides companies with a direct federal cause of action to enforce their trade secret rights, which was not previously available. The … READ MORE …
On June 1, 2015, the U.S. Supreme Court held that in order to prevail in a disparate-treatment claim, an applicant need show only that her need for accommodation was a motivating factor in the employer’s decision, not that the employer … 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 …
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 …
Along with the New Year come a number of changes to Illinois law that are certain to impact employers. The following changes took effect January 1, 2014: Social Media. The Right to Privacy in the Workplace Act, which was amended … READ MORE …
