Chicago employers take note – beginning July 1, 2020, you may be required to post work schedules at least 10 days in advance in order to comply with the Fair Workweek Ordinance. This seems like as good a time as any for a refresher on the Ordinance.
Are We Subject to the Ordinance?
Generally, employers must comply with the Ordinance if they meet each of the below conditions:
- They employ 100+ employees (both inside and outside of Chicago) or, for nonprofit corporations, 250+ employees;
- They employ 50+ employees who spend the majority of their time at work in Chicago and earn $50,000 or ...
If your “essential” workforce is not already organized, consider this your wake-up call.
As this pandemic has worn on, and more “essential workers” have fallen ill to COVID-19, labor unions have become noticeably more active. Just last Monday, the AFL-CIO filed suit in federal court to compel the Occupational Safety and Health Administration (OSHA) to issue an emergency temporary standard, aimed at forcing the agency to mandate certain safety actions by employers.
Noticeably, the rhetoric from the AFL-CIO has been focused on “all workers” as opposed to “their ...
After the Workers’ Compensation Commission withdrew its proposed Emergency Rule declaring that any employee in an “essential industry” contracting COVID-19 will be rebuttably presumed to have contracted COVID-19 at work, the legislature and business groups met and worked through a proposed amendment to the Workers’ Compensation Act addressing the issue.
Under the proposed amendment, which appears set to pass, first responders, frontline workers, and most “essential employees” will be rebuttably presumed to have contracted COVID-19 at work, if they ...
Previously, OSHA issued guidance indicating that most employers only had to record or report confirmed COVID-19 cases when provided with objective evidence that an employee contracted COVID-19 at work. In practice, this put the burden on employees to submit evidence to employers establishing that their COVID-19 cases were contracted at work.
OSHA recently issued revised guidance on this issue, which goes into effect on May 26, 2020. Under the revised guidance, OSHA puts the burden on the employer to make a “reasonable determination” as to whether a confirmed ...
The Wisconsin Supreme Court struck down Emergency Order 28, the Safer at Home Order, for failing to follow emergency rulemaking procedures in a lengthy 161-page opinion – effective immediately. So, what does this mean for Wisconsin employers?
Local Orders Still Apply
Local officials may enact their own stay-at-home orders – and indeed, some already have. Dane and Kenosha counties each issued orders adopting the majority of Emergency Order 28’s provisions, effective immediately and continuing to May 26, 2020. Brown County issued a similar order in effect ...
On April 29, 2020, the Department of Labor (DOL) and the Treasury Department issued guidance extending certain timeframes related to employee benefit plans due to the COVID-19 outbreak. The agencies acknowledge that plan sponsors, participants and beneficiaries may have difficulty meeting the standard timeframes due to the national emergency and the extensions are intended to help maintain group health plan coverage.
Relief for Participants and Beneficiaries
A joint final rule issued by the DOL and Treasury provides that all group health plans, disability plans, other ...
During the COVID-19 pandemic we have seen multiple shifts in views by the public and employees. Initially, the issue was what to do if an employee requested a face mask.
However, businesses are now facing different questions:
- Can you require employees to wear a face mask?
- Can you require customers or members of the public to wear a face mask when coming into your business?
What most do not realize is that both of these questions raise potential ADA issues.
EMPLOYEES – The short answer is, YES. A business can require its employees to wear a face mask or covering and other personal ...
Recent changes to the Illinois Human Rights Act (IHRA) require all Illinois employers to provide sexual harassment prevention training to all employees by December 31, 2020, and once per year thereafter – and tasked the Illinois Department of Human Rights (IDHR) with creating a model sexual harassment training program employers could use to meet that requirement.
After several delays, the IDHR released its model sexual harassment prevention training program along with an FAQ. Now that we have the IDHR’s model training, all Illinois employers should begin planning on ...
While some states are beginning to loosen their stay at home orders, others continue to only be open for essential business. On April 10th we reported on the relaxation of the CDC guidance for safety practices for essential workers. This included advice from the CDC that critical infrastructure workers may be permitted to continue to work, or return to work, following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented by the employer including pre-screening employee’s temperatures prior to starting work.
We ...
In an update to our previous blog on Illinois extending its stay-at-home order through May 30, 2020, Governor Pritzker’s latest Executive Order on COVID-19 (Executive Order No. 2020-32), issued April 30, 2020, mandates that all businesses that have employees physically reporting to a work-site must post the guidance from the Illinois Department of Public Health (IDPH) regarding workplace safety during the COVID-19 emergency.
The guidance is found on the IDPH website, and informs employees that their employer should:
- Make sure that employees can maintain at least 6 feet of ...
Welcome to the Labor and Employment Law Update where attorneys from Amundsen Davis blog about management side labor and employment issues.
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