Ohio businesses, take note: A new state law requires employers to provide employees with detailed earnings and deductions statements.
The Department of Homeland Security has announced a comprehensive update to the H-1B visa program, set to take effect on January 17, 2025. This modernization introduces new flexibilities, strengthens oversight, and provides stability for employers and employees alike. The rule’s implementation coincides with the start of a new administration, adding potential uncertainty.
If you are concerned your company’s innovations are not being identified and evaluated for possible patent protection, resolve to implement or improve an invention capture process early in 2025. By efficiently identifying valuable inventions and taking steps to pursue patents, your company can gain a competitive edge.
On Friday, December 27, 2024, the U.S. Court of Appeals for the Third Circuit in NLRB v. Starbucks Corp. vacated part of a National Labor Relations Board (NLRB) order on the grounds that it exceeded its authority in ordering Starbucks to pay damages beyond what it unlawfully withheld (reinstatement, lost wages, and lost benefits) from two unlawfully terminated employees.
New minimum wage increases impacting employers went into effect on Jan. 1, 2025. Summaries of new minimum wages in various jurisdictions are summarized below.
New state laws impacting employers will be going into effect on January 1, 2025. Below is a non-exhaustive summary of major state laws taking effect January 1, 2025. Employers should be mindful of and continue to follow their state and local laws
Now that dust has settled from the November 2024 election, here’s what employers should reasonably expect under the incoming Trump administration with a republican controlled Congress and a U.S. Supreme Court that is generally right-leaning.
On December 12, 2024, the the Occupational Safety and Health Administration (OSHA) issued its revision to the personal protective equipment (PPE) standard for construction to ensure properly fitting PPE for all construction workers.
Less than a month before the changes are set to go into effect, the Illinois Department of Labor has given employers some guidance on how the department will be enforcing the new requirements and published the poster that employers must display to their employees.
The election results are in and many are wondering what to expect for business employment immigration. With relatively little information available at this point, it can be challenging to speculate about what is going to happen. What we do know may be gleaned from President-Elect Trump’s first administration.
2025 is set to be another year of expanded paid leave requirements for employers. While the results are still preliminary, employers should start preparing in the states that have voted in new leave laws.
A roundup of employment law changes impacting employers in jurisdictions across the nation.
On Nov. 15, 2024, a federal judge in Texas invalidated the United States Department of Labor’s rule that raised the minimum salary levels under the Fair Labor Standards Act “white collar” exemptions. As a result, the minimum salary levels that were in place prior to July 1, 2024, now apply again effective immediately.
On Nov. 13, 2024, the National Labor Relations Board outright banned mandatory captive audience meetings, holding that they constitute an automatic unfair labor practice that violates section 8(a)(1) of the National Labor Relations Act.
Insurance coverage requirements for mental health and substance use disorders (“MH/SUDs”) is changing in a way that impacts group health plans, employers, and behavioral health providers.
On September 22, 2024, Governor Newsom signed Assembly Bill 3234 (A.B. 3234) into law, which requires employers who voluntarily conduct a “social compliance audit” of their business operations and practices to post a clear and conspicuous link on their website to a report detailing the findings of the employer’s compliance with child labor laws. This law goes into effect on January 1, 2025.
Perhaps now more than ever before, a person’s political stance on the most hotly debated issues is so strongly tied to their personal identity. This is exactly why employers cannot ignore the real likelihood that political expression will seep into the workplace.
With the presidential election on November 5 rapidly approaching, registered voters are exploring various options for casting their ballots on Election Day. Given the vast differences in voting leave amongst states, employers should familiarize themselves with the laws in any state where they have employees and make key decision-makers aware of them.
Intermittent leave allows employees to use leave time on an as-needed or periodic basis, but it reduces the employee’s usual weekly or daily work schedule. The following tips can help you navigate the process when you receive a request for intermittent FMLA leave.
Pay transparency laws are regulations that require employers to disclose salary information. Illinois’s pay transparency law (HB 3129), as well as similar laws in states including Minnesota and Vermont, take effect on January 1, 2025.
In this brief state law update, we'll cover new and updated posters required by state and local law for employers operating in those locations. Locate your state below to determine if any of the following updated employment posters and notices apply to you. Links to posters provided.
Most employers have policies and procedures in place to maintain an atmosphere of safety and mutual respect in the workplace. These policies often prohibit employees from engaging in unlawful behavior, such as harassment, discrimination, and retaliation. But what happens when a third party (i.e., a customer, vendor, or other party outside of an employer’s direct control) engages in bad behavior – is the employer liable for a third party’s behavior? It depends.
Traveling to the U.S. can be grueling. By the time you arrive at Customs and Border Protection, all you want is to get through and be on your way. But diligence and a little extra time at CBP can save you headaches, money, and unnecessary travel later on.
As the 2024 construction season gets underway, and with an increasing number of construction projects being completed with a mix of union and non-union subcontractors, many workers have legitimate questions about their rights and responsibilities on such mixed-staffed projects.
On August 23, 2024, in the case of Restaurant Law Center, et. al. v. U.S. Department of Labor, et. al., the U.S. Court of Appeals for the Fifth Circuit invalidated the U.S. Department of Labor’s (DOL) 2021 Tip Credit Rule (”Rule”) that required employers to pay tipped workers the general minimum wage rate for their time spent performing work that is not part of a tipped occupation, including downtime.
On August 9, 2024, the Illinois State Senate finalized amendments to the Right to Privacy Act. These amendments add additional requirements for employers who use employment eligibility verification programs, including E-Verify.
Several changes impacting employers in jurisdictions across the nation are summarized in our latest blog post.
Illinois recently passed a number of laws that will significantly impact Illinois employers and require employer policies and employee handbooks to be updated and revised. Read about them in our latest blog post.
On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers to obtain a written release from employees before collecting their biometric identifiers and biometric information. The potential ramifications for failing to comply with BIPA were extensive for employers: either $1,000.00 for negligent violations of the Act, $5,000.00 for intentional or reckless violations of the Act, or the amount of the actual damages, whichever is greater.
Join us Wednesday, September 4 for our Tenth Annual Labor & Employment Fall Seminar in our Chicago office. Please note that there is limited seating available, but the event will also be livestreamed. Our attorneys will discuss the latest employment law updates, labor law developments, issues related to employee benefits and more. Registration and lunch will take place immediately before the program at 11 AM CT, with the program to follow from 12 PM – 4 PM CT.
Key HR Trends and Latest Legal Developments Impacting All Employers
Join Ryan Young and Maggie Miles as they highlight the ...
Illinois continues to change the landscape for employers, allowing employees more leeway when it comes to the Illinois Human Rights Act (IHRA) and Illinois Personnel Records Review Act (IPRRA).
Following a split between federal district courts (federal judges in Texas and Florida ruled to temporarily block the Federal Trade Commission’s ban while a Pennsylvania court upheld it), a federal district judge in Texas has issued a nationwide injunction setting aside the ban. This means that the FTC’s rule banning most non-compete agreements will not take effect on September 4th as widely reported.
There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and independent contractors.
Today, Governor Pritzker signed Senate Bill 3650 (SB 3650), which amends the Illinois Day and Temporary Labor Services Act (the “Act”) -- AGAIN. This is the 3rd major amendment to the Act in just over a year. The impact of the changes are effective immediately. The latest amendments are primarily focused on clarifying pieces of the massive changes to the staffing industry ushered in last August through House Bill 2862 (HB 2862).
SB 3650 imposes NEW and additional requirements on staffing agencies and third-party user clients who use temporary labor in Illinois, including the ...
On July 25, 2024, California’s Supreme Court issued a highly anticipated ruling that allows app-based rideshare and delivery companies to classify drivers as independent contractors instead of employees, if certain conditions are satisfied.
In the case of Castellanos v. State of California, California’s Supreme Court upheld Proposition 22 (“Prop 22”) as constitutional, holding that Prop 22 does not unlawfully impede on or restrict the state legislature’s ability to enact workers’ compensation laws or otherwise conflict with the state’s constitution.
It seems like a lifetime ago that we first posted on the legalization of cannabis in Illinois and its effect on Illinois employers, way back in November 2019. At that time we provided a detailed overview of the clarifications and updates to the Illinois Cannabis Regulation and Tax Act (“Cannabis Act”) as it relates to use in the workplace. Of course, use of cannabis at the workplace, or use that leads to impairment of an employee while on duty at the workplace, is allowed to be prohibited by the employer, even in a state where it is legal, such as Illinois. That is essentially a common sense no-brainer as it implicates safety concerns, and can be analogized to the use of alcohol at the workplace. But, the question remained to what extent can a positive drug test for cannabis (separate from impairment or use at the workplace) be used to deny or terminate employment, especially when that use was “recreational” and done off duty?
A judge in the U.S. District Court for the Eastern District of Pennsylvania declined on July 23 to enjoin the Federal Trade Commission’s (FTC’s) ban on non-compete agreements. ATS Tree Services, LLC v. FTC, Case No. 2:24-cv-01743-KBH. The court rejected the employer’s argument that the agency lacks authority to establish the rule. The decision conflicts with a ruling by the U.S. District Court for the Northern District of Texas earlier this month, which preliminarily enjoined the rule for the plaintiffs in that case.
Cultivate a thriving culture and drive your business to new heights by transforming your managers into dynamic leaders. Amundsen Davis's Leadership & Management Training Series is perfectly crafted for ambitious mid to senior-level managers from any sector to thrive. Join us this fall for our virtual series meant to help future leaders learn the ins and outs of compliance and management, whether you are developing policies, recruiting new talent, or handling employee issues.
Join us on Wednesday, July 31 at 10AM CT as we present a timely webcast for employers, discussing the rising cost of health care plans.
The webcast will cover:
- Addressing GLP-1 coverage and mental health needs
- Compliance considerations for spousal incentives
- Considerations for alternative contribution structures and wellness incentives
On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal prevailing wage projects. Such expansion of what constitutes covered “construction” work on federal prevailing wage projects was never contemplated by the actual federal prevailing law itself (the Davis-Bacon Act or DBA). In a fairly scathing rebuke of the US DOL’s 2023 rule, the court found “…[the US DOL]… usurped Congress’ law-making power and attempted substantive amendments to the DBA. Presidents and their agencies act ultra vires and do violence to the Constitution when they attempt to unilaterally amend Acts of Congress to suit their policy choices…” Interestingly, the court’s decision came before the US Supreme Court eliminated the Chevron deference doctrine.
On July 3, 2024, a federal judge in Texas issued a preliminary injunction that stays the US Federal Trade Commission’s (FTC) near-total ban on non-compete agreements for the named plaintiffs seeking to invalidate the ban which is set to take effect on September 4, 2024.
A federal judge in Texas denied a private company’s request to halt the U.S. Department of Labor’s FIRST PHASE of its new FLSA salary level rule. As you recall, the first phase of the new rule went into effect on July 1, 2024.
The court’s ruling means that the salary level for white-collar FLSA exempt employees must be paid a minimum annualized salary of $43,888 (up from $35,568). That number is then scheduled to go up to $58,656 on January 1, 2025. Raises in the minimum salary threshold will be automatic in subsequent years.
The court denied the company’s injunction request because ...
Earlier today, the Supreme Court issued a highly anticipated ruling that will strip federal administrative agencies of a significant amount of power. In brief, the Supreme Court’s Loper Bright Enters. v. Raimondo decision eliminates the longstanding “Chevron deference” rule which required courts to defer to an administrative agency’s interpretation of otherwise ambiguous statutes, provided that the interpretation is “reasonable.”
Several States and major U.S. Cities, including California, New York City and Seattle, have passed laws aimed at classifying “gig workers” as employees as opposed to independent contractors in recent years. Challenges to these laws are spreading, but finding no sympathy with courts thus far.
In our latest blog we’re providing the most recent updates to employment posters by state. Check out the links to determine which notices apply to you.
On January 1, 2024, we saw the Illinois minimum wage increase from $13.00 to $14.00. The City of Chicago and Cook County are also increasing their minimum wages on July 1, 2024.
The latest round of labor and employment law updates includes several changes impacting employers in jurisdictions across the nation. Here are the summaries of these changes.
On May 26, 2024, the Illinois Legislature passed Senate Bill 3649 – titled the “Worker Freedom of Speech Act.” The legislation prohibits virtually all Illinois employers from discharging or disciplining any employee, or from threatening to take such actions against any employee, who refuses to attend meetings related to unions (aka “the Captive Audience Meeting”). In short, employers cannot require or give the impression to anyone that they are compelling workers to attend meetings that touch on labor unions. While the restrictions cover anything “political” or “religious” in nature (and union issues fall under “political”), the true intent is to shut up employers while union representatives are already legally allowed to say just about everything and anything to dupe the worker into “signing up” with a labor union. To be more clear, the legislation specifically aims to prevent employers from educating employees on the pros and cons of union membership in general or in a particular union or labor organization. Once signed by the governor (he’ll sign it), it will become effective.
With the summer travel season around the corner, we are fielding many travel and visa application questions. Here are answers to your most frequently asked questions.
Join Sara Zorich, Karen Tobin and Alice Lin on June 11 at 10 AM as they discuss certain employment, corporate and tax considerations employers need to know about in order to effectively manage workers in multiple locations without exposing themselves to liability.
The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the troubling trend of litigants seeking per-scan damages under BIPA, where a handful of enterprising attorneys have, and continue to file, single-plaintiff cases seeking damages on a per-scan basis that exceed six-figures for a single individual.
On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) finalized minimum staffing requirements for nursing homes that participate in Medicare and Medicaid. As we noted previously, the rule was announced on September 1, 2023 and was open for public comment until November 6, 2023. The rule was officially published on May 10, 2024. Although the rule becomes effective on June 21, 2024, implementation is phased in over the next five years.
On May 6, 2024, California’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it reasonably and in good faith believed it was providing a complete and accurate wage statement in compliance with the requirements of Cal. Lab. Code § 226(a).
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance on Harassment in the Workplace, which goes into effect immediately. For the past five years, over one-third of the charges of employment discrimination received by the EEOC included an allegation of unlawful harassment based on race, sex, disability, or another statutorily protected characteristic. Employers need to be aware of the EEOC’s new enforcement guidance because it expands the scope of conduct that constitutes unlawful “harassment” in the workplace which violates Title VII of the Civil Rights Act of 1964 (Title VII).
In the latest round of state employment law updates family leave and religious accommodations are in the spotlight. We also highlight wage and hour laws relating to compensable time. Read the full article to see if any of these updates apply to you.
Captive audience meetings are on-the-clock meetings (employee attendance is often mandatory) where employers express an opinion on "religious or political matters” – including whether or not employees should join or support any labor organization.
The Federal Trade Commission (FTC) voted 3-2 on April 23 to issue its final noncompete rule. The Rule becomes effective in 120 days. However, it already has been challenged in federal court in the State of Texas, and more suits are anticipated. There are serious concerns as to whether the FTC has the authority to regulate this area of the law.
On April 23, 2024, the United States Department of Labor (DOL) announced its final rule, amending the minimum salary levels necessary for employees to be considered exempt from the overtime requirements under the Fair Labor Standards Act (FLSA) “White Collar” (executive, administrative, and professional) exemptions. The final rule is set to take effect on July 1, 2024.
- Higher Salary Threshold for OT Exempt Employees… The annualized salary level for anyone classified as exempt from OT pursuant to the FLSA’s white-collar exemptions (executive, administrative, professional) must be no less than $43,888 ($844/week) by July 1, 2024 and must then be no less than $58,656 ($1,128/week) by January 1, 2025. Automatic escalators are now built into establishing minimum salary thresholds to meet the OT exemption for white-collar salary exempt workers.
On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) published the final rule and interpretive guidance for implementation of the Pregnant Workers Fairness Act (PWFA). The final rule becomes effective June 18, 2024.
Join Julie Proscia and Sara Zorich on April 24 at 10 AM as they discuss the trends of these new pay transparency laws.
In August 2023, the US Department of Labor (DOL) announced a proposed rule that became final last week, giving employees the ability to designate essentially any third-party as their “authorized representative” during OSHA workplace safety inspections --- even union reps and community organizers. This rule goes into effect on May 31, 2024.
As legalization of cannabis has spread, profits have grown in the 25 states that allow for the retail sale of cannabis for recreational use, and labor unions have found great opportunity for getting a lift from the cannabis industry -- no pun intended. Eight of those 25 states have passed legislation that encourage or even require cannabis industry employers to enter into labor peace agreements (LPA), often referred to as “neutrality agreements,” with labor unions, as a condition of obtaining or renewing a cultivation or dispensary license.
The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly liable and responsible under the National Labor Relations Act (NLRA) for another company’s unfair labor practices or collective bargaining obligations. In effect, the new rule could make unrelated, separate companies jointly responsible for violations of another employer under the NLRA.
The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various industries, all alleging violations of the statute.
CAL/OSHA recently issued guidance on its Workplace Violence Prevention mandates that were created and implemented on September 30, 2023 when Governor Newsom signed Senate Bill 553 (SB 553) into law and which go into effect on July 1, 2024.
In a case filed in the Northern District of Illinois (Staffing Services Association of IL, et. al. vs. Jane Flanagan, Director of the IL Department of Labor), a federal district court granted plaintiffs’ request for injunctive relief thereby preventing the IL Department of Labor (IDOL) from enforcing a key provision contained in the 2023 amendments to the IL Day & Temporary Labor Services Act (IDTLSA). While the plaintiffs were not successful in their attempt to block other key sections of the amendments involving “notifying temporary workers of labor disputes” and “interested parties having standing to pursue private lawsuits on behalf of workers,” the court blocked the “equivalent benefits” piece to the “Equal Pay for Equal Work” section of the law.
The recently overhauled paid leave ordinances in Illinois include: Illinois Paid Leave For All Workers Act (effective January 1, 2024), Cook County Paid Leave (effective February 1, 2024) and the City of Chicago Paid Leave (effective July 1, 2024)/City of Chicago Sick Leave (amended) (effective July 1, 2024). Compliance is going to require more than an updated leave policy, so it is important to review your policies and practices to make sure you are compliant.
Join Sara Zorich and Beverly Alfon as they provide a timely webcast, where attendees will learn about this new law, how to ...
Conscientious objection in health care is the refusal of a health care professional to provide or participate in the delivery of a legal, medically appropriate health care service to a patient because of personal beliefs. Federal conscience rights are contained in various federal statutes and regulations -- the Church Amendments, Section 45 of the Public Health Act, the Weldon Amendment, the Affordable Care Act and Medicare and Medicaid regulations – that collectively protect the right of health care providers to object to performing certain medical procedures if doing so would be contrary to the provider’s religious beliefs or moral convictions.
California’s equal pay data reporting law applies to private companies that have at least 100 employees nationwide on payroll and at least one California employee. The reporting deadline for the 2023 reporting year is May 8, 2024.
On Friday, February 9, 2024, Illinois’ General Assembly introduced legislation to eliminate the tip credit in Illinois by January 1, 2025. If passed, ALL Illinois employers will be required to pay ALL their employees at least the applicable minimum wage, including employees who earn or receive tips and gratuities. This would mean that Illinois employers would no longer be able to credit the tips and gratuities their tipped employees receive towards paying them minimum wage starting on January 1, 2025.
On January 18, 2024, the City of Chicago Office of Labor Standards (OLS) issued proposed rules, FAQs, and a Flyer for its New Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) effective July 1, 2024.
California Assembly Bill 1076, passed last fall, added a new Business & Professions Code §16600.1. By February 14, 2024, California employers must notify in writing current and certain former employees that any noncompete agreement or clause to which they may be subject is void (unless it falls within one of the limited statutory exceptions). It also applies to customer non-solicitation requirements.
For H-1B visa holders, the logistics of traveling home for a wedding can be almost as challenging to plan as the wedding.
A man who traveled to India for a wedding had to remain there for weeks to get a visa to return to the US. He had to apply for the visa in India, have an interview, and then wait 3 weeks for the consulate to vet his application and return the passport with the visa foil. The waiting time caused him to postpone a major business deal.
Consulate and embassy waiting times have ballooned to eight, nine, or even twelve months in some places including Mexico and Canada – and that’s ...
Employers in each of the below states must be aware of new posters and ensure they are displayed in the workplace -- including, to the extent applicable, remote workplaces. Links to posters are provided below.
Alaska
Arizona
Flagstaff, Arizona
Arkansas
California
2023 is now “in the books” and organized labor is likely seething at seeing their numbers drop -- once again. Despite the media headlines in 2023 about union organizing drives, strikes and “wins” at the negotiating table for a few notable companies, workers represented by a labor union dropped to an all-time low for the second straight year.
On January 23, 2024, the U.S. Bureau of Labor Statistics (BLS) released figures showing that the percentage of workers who were part of a labor union, dropped to a new low of 10% in 2023 (down from the previous record low of 10.1% in 2022). Among ...
On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024.
Background
The FLSA provides wage and hour protections to “employees” that do not apply to “independent contractors,” including minimum wage and overtime minimums. Accordingly, misclassification of workers has been and continues to be a major focus of the DOL. In light of the potential economic impact that changes to ...
Several new changes impacting Colorado’s Equal Pay for Equal Work Act (EPEWA) took effect on January 1, 2024. Employers with at least one employee located and working in Colorado must now comply with certain posting and notice requirements for all Colorado based employment opportunities, including for promotion opportunities. The EPEWA requirements apply only to an employer’s Colorado based employees.
Several changes impacting employers in jurisdictions across the nation are summarized below. Read our blog below to determine if any of these laws apply to you.
California
- California’s statewide minimum wage increased to $16.00 per hour for all employers on January 1, 2024. Some cities and counties in California have a local minimum wage that is higher than the state rate.
Illinois
- Effective 11/17/2023 -- On November 17, 2023, Governor Pritzker Signed H.B. 3641 into law which, among other things, delays implementation of the equal pay for equal work mandate until April 1, 2024. IL ...
Amundsen Davis invites you to a webcast event on February 6, 2024 at 8:30AM CT. Join attorneys from our Labor, Employment, Benefits & Immigration, OSHA and Construction service groups as they highlight key issues impacting the construction industry in 2024.
Topics to be discussed include:
- Davis-Bacon and Prevailing Wage Updates
- Inflation Reduction Act Projects
- OSHA Updates for 2024
- Updates to Construction Contracts
Who should attend? Construction Industry CEOs, COOs, CFOs, Accountants, Human Resource Managers, Safety Consultants, and Risk Managers.
OSHA recently announced a significant change in its head protection policy, and is transitioning from traditional hard hats to safety helmets for its employees. This move is more than just an internal policy shift, and signals a broader push that will soon affect all employers whose employees are required to wear head protection, likely leading to citations when employees wear traditional hard hats in lieu of the helmets—which OSHA specifically notes can fall off, do not protect the side of the head, and keep heat trapped inside.
While the announcement, on its face, focuses on OSHA ...
As we wind down 2023, your company may be sharing with its employees either through business closing periods or end-of-the-year bonuses. Employers must be cognizant that these generous gestures may carry compliance obligations for the business.
BONUSES
Employers must be careful when paying out bonuses at the end of the year to non-exempt employees. As with other bonuses, a holiday bonus must be included in overtime calculations for nonexempt employees unless it is completely discretionary or is a gift. If a bonus is promised or expected or is dependent on the quality, quantity or ...
With the January 1, 2024, effective date of the Illinois Paid Leave for All Workers Act (IPLAWA) quickly approaching, employers need to ensure they are analyzing their existing paid leave policies to determine what changes need to be made before the end of 2023.
The Illinois Department of Labor (IDOL) has been providing more information regarding the “rules” for the IPLAWA. The IDOL has published additional guidance through FAQs --- which are not law, but should nonetheless be taken into consideration and reviewed carefully when finalizing paid leave policies for the purpose of ...
With the advent of the federal Corporate Transparency Act (“CTA”), which requires filings by most newly formed and smaller existing corporations, limited liability companies, limited partnerships, or other similar entities created by a filing with the Secretary of State or other similar office, businesses should be aware of the upcoming compliance changes going into effect on January 1, 2024.
Join corporate attorney Karen Tobin for a timely discussion on the changes to filing requirements going into effect at the beginning of 2024.
Early in the New Year we often see employees switching jobs, which can trigger disputes over restrictive covenants in their employment agreements. As 2023 draws to a close, here are some things to keep in mind to protect your company, its customers, and its information against unfair competition from departing employees:
Assume the worst.
We tend to assume people will comply with their contractual obligations. Employers should not assume a departing employee will comply with a restrictive covenant. Some employees forget they even have an employment agreement. Some think the ...
Facing a stubborn backlog and an influx of immigrants seeking refuge, United States Citizenship and Immigration Services (USCIS) proposed a rule featuring a new fee schedule in January 2023. The proposed fee schedule includes sharp increases in fees for H-1B visas, green cards, and naturalization.
USCIS has deferred the final ruling on the fees until early 2024. The steep increases are worthy of your attention now, by filing for your green card or naturalization before the fees rise.
Why Immigration Fees Are Rising
USCIS’s current fees went into effect on December 23, 2016. Fees ...
Certain states are prohibiting employers from entering into settlement agreements, while others have reduced family-leave insurance rates and prohibited employers from cooperating in any inquiry or investigation into an employee and abortion-related services. Read the full article to determine whether any of these laws apply to you.
CALIFORNIA
Under A.B. 352, employers are prohibited from disclosing certain information to any person, agency, or department from another state, if the disclosure would identify or is related to a person seeking or obtaining an abortion (or ...
On November 9, 2023, the Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance. Beginning on January 1, 2024, the new ordinance requires that all employers, with one or more employee, provide employees with 10 paid leave days. The new law is not only applicable to employers that are located in Chicago but also covers any employee that spends two or more hours performing work or traveling for work in the city.
Join Julie Proscia and Heather Bailey for a timely webcast on Wednesday, November 29 at 1PM CT, offering a clarifying look at the confusing new law and what ...
Happy holidays…Not really. On November 9, 2023, the Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance. The new ordinance creates a confusing set of requirements for employers to navigate. Beginning on January 1, 2024, the ordinance requires that all employers, with one or more employee, provide employees with 10 paid leave days. The new law is not only applicable to employers that are located in Chicago but also covers any employee that spends two or more hours performing work or traveling for work in the city. The traveling time must be compensable ...
The Wisconsin Fair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability and requires that employers reasonably accommodate an individual with a known disability. Of course, not all disabilities are “known” – they may not be obvious or observable to an employer and they may not be clearly disclosed by the employee. So when does the duty to accommodate on the part of the employer trigger? What of the employee who complains of physical ailments and requests an accommodation but does not submit documentation from his or her physician?
On September 29 the EEOC issued a press release declaring it filed “143 new employment discrimination lawsuits in fiscal year 2023, noting that is more than a 50% increase over fiscal year 2022 suit filings.” The release also emphasized that 25 of the cases were systemic prosecutions, more than double the number of such cases in the past 3 years.
Today the National Labor Relations Board (NLRB) officially published its NEW Joint Employer Rule, that lowers the standard to an unprecedented level whereby an entity may be deemed jointly liable and responsible under the National Labor Relations Act (NLRA) for another entity’s unfair labor practices or collective bargaining obligations.
There have been several recent changes impacting employers in jurisdictions across the nation. Read the post to see if any of them apply to you.
On August 29, 2023, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) released more guidance and proposed rules on key provisions in the Inflation Reduction Act (IRA) that requires employers to meet certain labor mandates involving apprenticeship mandates, prevailing wage requirements and possible forced unionization on green energy construction projects.
With the January 1, 2024, effective date of the Illinois Paid Leave for All Workers Act (IPLAWA) quickly approaching, employers need to ensure they are analyzing their existing paid leave policies to determine what changes need to be made before the end of 2023.
On Friday, October 6, 2023, Chicago’s City Council passed the “One Fair Wage” Ordinance (“Ordinance”), which gradually phases out Chicago’s “tip credit” over a five-year period until it is completely eliminated by June 30, 2028. At which point, all tipped employees working in the City of Chicago will earn the same hourly minimum wage rate as non-tipped employees. Meaning, on and after July 1, 2028, Chicago employers will no longer be able to credit an employee’s earned tips and gratuities towards their hourly wage rate and will be required to pay all employees, including tipped employees, Chicago’s minimum wage rate.
In the immigration community, autumn brings a new-year sense of renewal. A new US government fiscal year beginning October 1 means a fresh start to the annual allocation of green cards for those looking to apply. But application backlogs which have grown for countries like mainland China and India have tempered that October optimism. A new wrinkle added to the application process this year has made it trickier.
On September 30, 2023, California enacted Senate Bill No. 553 (“S.B. 553”), which requires covered California employers to adopt a comprehensive workplace violence prevention plan by July 1, 2024. These plans may be stand-alone documents or incorporated as new sections of the employer’s Injury and Illness Prevention Program (IIPP).
On June 9, 2023, Governor Pritzker signed into law HB 3491 which amends the Illinois Prevailing Wage Act (IPWA) to provide workers with the rights against general contractors and sub-contractors. Effective January 1, 2024, any worker, laborer or mechanic performing construction work on a prevailing wage project can file a private cause of action against the employer for any differential between what was paid and what was required to be paid to them pursuant to the IPWA. Sounds reasonable, right? Of course.
Unsurprisingly, California is yet again changing its already very employee friendly employment laws. Currently, California leads the nation with its employee friendly laws, though states like Illinois are quickly catching up. The California Legislature’s latest move is a first for any US state by banning “caste” discrimination in the workplace under its civil rights and employment discrimination laws. Seattle passed a similar law in February.
On July 28, 2023, Governor Pritzker signed into law a number of amendments to Illinois’ Prevailing Wage Act (IPWA), including HB 3370, which amends the IPWA to include “power washing.” Specifically, the term “Public works” under the IPWA is now revised.
Employers in Indiana, Illinois and Wisconsin must now accommodate an employee’s work-schedule “if an employee's disability substantially interferes with his ability to travel to and from work … if commuting to work is a prerequisite to an essential job function, including attendance in the workplace, and if the accommodation is reasonable under all the circumstances.” Equal Emp. Opportunity Commission v. Charter Communications, LLC, 75 F.4th 729, 734 (7th Cir. 2023).
Hold onto your hard hat! What you thought you knew about federal Davis-Bacon prevailing wage law is changing --- substantially changing decades of well-established rules, precedent and interpretations as to the applicability and scope of federal prevailing wage laws to construction projects and how contractors must comply with the legal mandates. Remember, federally funded projects that involve construction work in excess of $2,000, will trigger Davis-Bacon obligations.
OSHA has been particularly busy and aggressive lately, making good on Biden Administration promises and talking points—hiring more inspectors, appointing new administrators, conducting more inspections, aggressively issuing citations, adopting and expanding emphasis programs, reviving old rules, and expanding existing rules.
On September 1st the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule that would require nursing homes that participate in Medicare and Medicaid to comply with a first-ever federal staffing mandate. If adopted, the requirements would be phased in over two to five years. The comment period for the proposed rule closes November 6.
Entering 2023, the union membership rate dropped to a new historic low of 10.1%. Among private sector workers, the numbers were even more bleak for unions: just 6% of the overall private sector workforce is now unionized (compared to 33% in the public sector). The membership rate actually dipped in 2022 in both the private and public sectors. Organized labor has been in full panic mode and seeking assistance from its allies in D.C. while trying to organize as many young adults as possible working in coffee shops and cannabis stores.
On July 28, 2023, Governor Pritzker signed into law a number of amendments to the Illinois Prevailing Wage Act (IPWA), including HB 3792, which amends the IPWA to include, among other things, all work related to fixtures or permanent attachments affixed to traffic light and street light poles in the Act’s definition of the term “Public works” --- regardless if public funds are used or not.
This summer seemed to fly by as quickly as the Illinois Legislature and Governor J.B. Pritzker enacted a dizzying slew of more new employment laws between the months of June and August. These changes are sweeping and require your attention now.
The current employment market is placing incredible stress on businesses, many of which are struggling to find enough employees to simply cover shifts. Pay increases and higher recruiting costs, consequently, continue to rise. On top of these challenges, inflation and other market pressures have resulted in higher operating costs, compounding the impact to the bottom line.
Today, the National Labor Relations Board (NLRB) just handed big labor a major assist when it comes to union organizing. In Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters 31-CA-238239, 372 NLRB 130, the NLRB ruled that an employer must essentially recognize a labor union claiming to represent a majority of its employees in an appropriate unit --- unless the employer promptly files a petition (an RM Petition) to test the union’s majority status or the appropriateness of the unit. The NLRB went on to explain that absent unforeseen ...
On June 30, 2023, Governor Pritzker signed HB 3351 into law, which amends the Illinois Power Agency Act (IPAA) to require certain projects under the Illinois Solar For All Program to be subject to the prevailing wage requirements of the Illinois Prevailing Wage Act (IPWA). Effective June 30, 2023, all workers performing work on such projects must be paid in accordance with the IPWA. Of course, all owners, developers and contractors must become intimately familiar with the IPWA mandates. Since such work has been historically not covered by the IPWA, there is likely a giant learning curve. The IPWA sets forth very detailed and nuanced requirements well beyond simply paying workers in accordance with the local area wide collective bargaining agreement.
The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging discrimination in hiring through the use of AI.
On Wednesday July 19, 2023, the Chicago City Council introduced legislation to eliminate the city’s “tip credit” over a two-year period (if passed), in an effort to raise the city’s current hourly minimum wage rate for tipped employees to equal the city’s hourly minimum wage rate for non-tipped employees.
On August 4, 2023, Governor Pritzker signed House Bill 2862 into law amending Illinois’ Day and Temporary Labor Services Act. This game changing legislation passed by State Legislature affects Illinois’ Staffing Industry as a whole and ALL EMPLOYERS that utilize temporary labor in Illinois. For more information about this new legislation, see our previous blog on House Bill 2862.
An employee complains to human resources, “I am a hamster from Venus and filing unfair labor practice charge because the pay policy of paying bi-weekly is chilling my Section 7 rights!” No, this is not a bizarre scene out of a Monty Python movie but now the potential absurd reality in workplaces across the country. Reality, reasonableness…. who needs them? Not the Biden NLRB.
Illinois employers need to be aware of additional notice and distribution requirements under the recently-signed House Bill 3733 (the “Bill”), which will become effective January 1, 2024 – particularly staffing agencies and employers with remote workers and/or workers who do not regularly report to a specific jobsite.
The U.S. Department of Labor has announced a notice of proposed rulemaking to clarify the personal protective equipment (PPE) standard for the construction industry. In its press release, the Department argued that the current standard does not state clearly that PPE must fit each affected employee properly. The proposed change would clarify that PPE must fit each employee properly to protect them from occupational hazards. The Department went on to state that there have long been safety concerns regarding the failure of standard-sized PPE to protect physically smaller construction workers (especially women) properly.
Many states are prohibiting employers from entering into non-competes with their employees. Read the full article to determine whether any of these new laws apply to you!
On August 1st, United States Citizenship and Immigration Services (USCIS) will publish the new Form I-9 for employers to use to confirm a new employee’s authorization to work in the United States. Employers are encouraged to begin using the new form on August 1st for all new hires, but may use the current form (version 10/21/19) through October 31st. Starting November 1, only the new Form I-9 may be used for newly hired employees and reverifications. The new Form I-9 will be a single page and will include a checkbox for employers to indicate they examined Form I-9 documentation remotely under a new Department of Homeland Security (DHS)-authorized alternative procedure (see further information below). USCIS is moving the Preparer/Translator Certification and the Reverification/Rehire sections to stand alone documents. Thus, if either of those situations apply, employers must complete a separate document and maintain it with the Form I-9.
Resurrecting a rule that it attempted—but failed—to implement years ago, the Department of Labor has announced a new rule that will require certain employers in high-hazard industries to electronically submit injury and illness information. The rule applies to establishments with 100 or more employees in certain high-hazard industries including construction, manufacturing, agriculture, transportation, warehousing, and utilities.
On July 17, 2023 in Adolph v. Uber Techs., Inc., No. S274671, 2023 WL 4553702 (Cal. July 17, 2023), the California Supreme Court held that an individual can maintain a class action in court under the Private Attorneys General Act (PAGA) even when that individual’s California Labor Code claims are sent to arbitration. This decision breaks away from the ruling set forth in the Supreme Court Case – Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. [142 S.Ct. 1906], 213 L.Ed.2d 179.
OSHA is launching a new three-year initiative it claims is intended to prevent workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments. High-risk retail establishments covered by the program include:
Yep. You read that right. Not really sure how else to describe this little nugget. As Illinois continues to do all it can to help labor organizations, the latest assist is a real stomach turner.
In a recent decision, Mallory v. Norfolk Southern Railway Co., the U.S. Supreme Court opened the door for companies to face lawsuits in the state where they have registered to do business. The ruling stems from a case involving a Virginia-based former employee’s lawsuit against Norfolk Southern in Pennsylvania, despite the alleged injuries occurring in other states. The Court’s majority decision upheld the notion of “registration by consent” laws, allowing states to assert jurisdiction over out-of-state companies based on corporate registration.
Bias, and particularly unconscious bias, is tricky. It is present in the most well intentioned of individuals and can be challenging to identify and therefore manage. However, just because it is challenging to identify does not make it impossible, and it is important to fight. Identifying areas for potential bias in hiring and the employment relationship will not only greatly increase your candidate pool and support retention but will also reduce your legal exposure.
In Groff v. DeJoy, Postmaster General (No. 22-174, June 29, 2023 Slip Opinion), the US Supreme Court held that Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. The Court opined that when courts review religious accommodations in the future they must take into account all relevant factors in the case, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer.
With the rise of active shooters in workplaces and schools there is an ever increasing concern over workplace violence and related employee mental issues. When addressing these concerns a company is faced with a complicated legal matrix to navigate. Companies must closely analyze and comply with the Occupational Safety and Health Act (OSH Act), Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and state workers’ compensation laws, among others.
Illinois temporary staffing agencies are already highly regulated under the Illinois Day and Temporary Labor Services Act (the “Act”). As it currently stands, the Act requires temporary staffing agencies to register with the Illinois Department of Labor (IDOL), which requires proof of, for example, workers compensation insurance, as well as identification of client and employee data. The Act also currently restricts fees that temporary staffing agencies may charge their clients for converting the agency’s staff to permanent employees, and provides many additional safeguards pertaining to temporary workers’ pay and other terms and conditions of employment.
The final phase of the green card application involves an Adjustment of Status (AOS). While their AOS is pending, applicants cannot leave the US without permission, a document called Advance Parole.
Cyber fraud has been around as long as the internet itself, but cyber criminals are more sophisticated than ever. While any experienced email user can spot a phony “Nigerian Prince” a mile away, even the most vigilant businesses are vulnerable to business email compromise (called “BEC”) attacks by the new breed of internet fraudsters.
Effective June 1, 2023, the U.S. Department of Transportation (DOT) allows regulated employers to use oral fluid testing as part of their drug testing programs. The change is pursuant to a final rule that was published on May 2, 2023. However, practically speaking, oral fluid testing cannot yet be implemented because, as of June 1, 2023, the Department of Health and Human Services (DHHS) had not yet certified any laboratories to perform the testing – and two must be certified for any testing to be performed.
As part of his two-year spending plan, Wisconsin Governor Tony Evers has proposed mandating 12 weeks of paid family and medical leave for many private and public sector workers by January 1, 2025. This proposal, if passed, would represent a marked change from existing state and federal laws which provide for job-protected leave on an unpaid basis to certain eligible employees of larger employers.
On January 1, 2023, we saw the Illinois minimum wage increase from $12.00 to $13.00. The City of Chicago and Cook County are also increasing their set minimum wages on July 1, 2023.
Following on the proposed rule of the FTC on non-competes, another federal threat to non-competes has emerged, this time from the National Labor Relations Board (NLRB).
On June 1, 2023, the Supreme Court of the United States (SCOTUS) held that federal law does not preempt the right of an employer to sue a striking union for damages in state court if the union failed to take reasonable precautions to protect the employer against foreseeable, aggravated, and imminent danger.
It is more and more common for employers to hear employee allegations of a “hostile work environment,” “harassment” or a “toxic workplace.” In some instances current or former employees are using those terms as a defense mechanism when their performance is being criticized or they are facing discipline or discharge. Often the terms are used to describe the behavior of supervisors or co-workers. It is important for employers to properly assess such allegations and determine whether there is the potential for employer liability.
Florida recently enacted significant legislation relating to employee immigration verification. Senate Bill 1718 (the “Bill”), which Gov. Ron DeSantis signed into law on May 10, 2023, makes using E-Verify mandatory for any private employer with 25 or more employees, imposes penalties for those employing undocumented individuals, and enhances penalties for human trafficking. Previously, only Florida’s public sector employers were required to use E-Verify. Effective July 1, 2023, all private sector employers in Florida with 25 or more employees must use E-Verify to confirm the work authorization status of newly hired employees.
While incorporating diversity, equity and inclusion (DEI) into the corporate culture is not something that is new, it is something that has become increasingly important and complex. Activist consumers are leveraging their purchasing power, public and private contractors are requiring DEI efforts, and an increasing amount of legislation is being promulgated to govern employment practices related to compensation, hiring and employment. This trifecta makes navigating internal and external pressures challenging. In order to successfully navigate these waters, more and more companies are conducting internal DEI audits to analyze their culture, processes and procedures and implement targeted improvements when problems are identified. Although conducting internal DEI audits is incredibly important to building an inclusive culture, doing so without the aid of counsel is fraught with risk and can result in a legal nightmare.
The Chicago Human Rights Ordinance makes it a civil rights violation “[f]or any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment.” Municipal Code of Chicago, 6-010-040. As we previously discussed in a blog, last year, Chicago’s City Council amended the Chicago Human Rights Ordinance by expanding the definition of sexual harassment and adding various requirements related to harassment prevention training, policy, postings and recordkeeping.
Join Amundsen Davis attorneys Peter Hansen and Laurie Meyer for a webcast on May 31 at 12:00 PM CT to discuss recent changes to, and a comparison of, Illinois and Wisconsin employment laws, along with recent developments in Federal employment laws.
Several recent changes impacting employers in jurisdictions across the nation are summarized below. Many states and municipalities have increased their hourly minimum wage rates, some to as high as $18.07 per hour. Read the full article to determine whether any of these changes apply to you!
On May 1, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision, Lion Elastomers LLC, that provides employees with extensive cover for inappropriate workplace behavior under the guise of the National Labor Relations Act (the “Act”). Moving forward, employers must carefully scrutinize the environment and circumstances under which bad employee behavior occurs and analyze whether levying consequences for such behavior could land it in hot water under the Act.
Last month, the Illinois Department of Labor (“IDOL”) fairly quietly released amended regulations affecting the interpretation and enforcement of the Illinois Wage Payment and Collection Act (“IWPCA”). A complete listing of the amendments appears on the Illinois Secretary of State website. (starting at p.5406).
There seems to be an almost daily litany of layoffs by large corporations that instantly become media fodder. For example, McDonald’s recent layoff, widely reported to have impacted hundreds of white collar employees, comes on the heels of mass layoffs by Amazon, Meta, and Disney. Given this climate, it is best for employers to take a look at their policies and procedures for terminating employees, whether individually or as part of a larger reduction in force to ensure compliance with state and federal law.
The National Labor Relations Board, as currently constituted, continues its efforts to kneecap employers who dare to resist unionization efforts. We have already seen NLRB General Counsel, Jennifer Abruzzo’s, scorched-earth approach to promote unionization through enforcement activities targeting employer conduct that for decades has been perfectly lawful, and then suddenly finding the same conduct to be unlawful and unfair labor practices (including attempting to remove employers’ rights to require a secret-ballot election, instead of accepting authorization cards, to determine union support by a majority of employees; and making it unlawful for employers to hold group meetings with employees during union organizing campaigns to educate employees about the union and the collective bargaining process). Now, not only is conduct that previously has been considered lawful been deemed unlawful, the NLRB is promoting enhanced penalties and damages for employers who commit unfair labor practices.
Proactive employers are well-versed in safeguarding against workplace discrimination based on race, gender, religion, age, or disability. But, what about lesser known forms of prohibited workplace discrimination like genetic information discrimination? The Federal Genetic Information Nondiscrimination Act (GINA) and its Illinois counterpart, Genetic Information Protection Act (GIPA), both prohibit employers from disclosing genetic information or basing any employment decision on an employee’s genetic information. Both statutes contain private rights of action for violations. GIPA, however, contains a statutory damages provision that provides for penalties of $2,500 for each negligent violation, and $15,000 for each intentional or reckless violation. With these severe consequences for non-compliance in mind, we answer some questions on these statutes.
A prior article reviewed a decision of the Wisconsin Supreme Court which dealt with the relationship between the workplace and an applicant’s prior domestic violence convictions (Cree, Inc., v. LIRC). This article will discuss a case which followed later in 2022, a decision of the Wisconsin Court of Appeals in Vega v. LIRC, et al., 2021 AP 24, Petition for Review Denied, which dealt with whether an employee’s admission to his employer of the facts underlying two felony deferred prosecution agreements for sexual assault could serve as an independent basis to terminate the employment of the employee.
In a rare win for employers, on March 23, 2023 the Illinois Supreme Court issued its decision in Walton v. Roosevelt University, affirming dismissal of claims brought under the Biometric Information Privacy Act (BIPA) by a union worker trying to pursue a class action lawsuit against his prior employer due to the employer requiring employees to enroll a scan of their hand geometry onto a biometric timekeeping device in order to clock in and out for work. Specifically, the Court held that federal labor law -- Section 301 of the Labor Management Relations Act (LMRA) -- preempts BIPA claims brought by union workers where their underlying collective bargaining agreement (CBA) contains a broad management rights provision. The ruling requires workers, whose employment is controlled by a CBA containing a broad management rights clause (which is common), to proceed with BIPA claims through the collective bargaining process; not through the courts. This decision serves as a major blow to those pursuing class action BIPA lawsuits where a union contract is in place. To be more clear, this decision can effectively shut down and close out BIPA lawsuits and the dreaded class action lawsuit.
Check out some of the most recent local employment law updates in Illinois, Colorado, Maryland, Michigan, New York and Pennsylvania regarding wages and paid leave.
On February 9, 2023 the Wage and Hour Division of the United States Department of Labor (WHD) issued a Field Assistance Bulletin (FAB) providing guidance to WHD field staff regarding proper compensation under the Fair Labor Standards Act (FLSA) and proper leave under the Family and Medical Leave Act (FMLA), for employees who telework or work away from an employer’s facility.
The Federal Trade Commission (FTC) voted to extend the public comment period for its proposed new rule that would ban certain employee non-competes. The new deadline for public comments on the proposed rule is April 19, 2023. The previous deadline was March 20th.
Most employers with 50+ employees are aware that under the federal FMLA, eligible employees may, for qualifying reasons, take up to 12 weeks of unpaid leave during a 12-month period. Employers are also aware that employees can, under certain circumstances, take this leave on an “intermittent” or “reduced schedule” basis. For instance, an eligible employee might work four rather than eight hours per day for many weeks or months for FMLA-qualifying reasons. In those cases, an employer might believe that since 12 weeks multiplied by 40 hours per week equals 480 hours, the maximum amount of FMLA leave any employee can take in a 12-month period is 480 hours.
Although the Wisconsin Fair Employment Act (WFEA) has included arrest and conviction record as a category protected from discrimination since 1977, a decision of the Wisconsin Supreme Court last year demonstrates that the contours of protection under the law are still being developed. In general, the law requires any Wisconsin employer (with some limited exceptions such as schools dealing with unpardoned felons) to establish that a “substantial relationship” exists between the circumstances of the arrest or charge (in order to suspend an employee) or the conviction (to refuse hiring or terminate employment).
It is almost certain that Governor Pritzker will sign the Paid Leave for All Workers Act (Act) passed on January 10, 2023. The Act is littered with potential pitfalls for employer policies and practices regarding attendance, evaluations/reviews and discipline.
Dust off your severance agreement template, again. This applies to all private employers – whether you have a unionized workforce or not.
Right on the heels of the Illinois Supreme Court’s decision in Tims, the Court delivered yet another crushing blow to Illinois businesses in Cothron v. White Castle System, Inc. Answering the crucial question of when a Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA), claim accrues for the collection and disclosure of biometric “identifiers,” the razor thin majority found that a separate claim accrues “each time a private entity scans or transmits” an individual’s biometrics.
On February 15, 2023, in Chamber of Commerce of the United States of America et al. v. Bonta et al., a panel of the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (“FAA”) preempts a state rule that discriminates against the formation of an arbitration agreement, even if that agreement is ultimately enforceable. The law at issue, California Assembly Bill 51 (“AB 51”), made it a criminal offense for an employer to require an existing employee or an applicant for employment to consent to arbitrate specified claims as a condition of employment. The court concluded that because the FAA preempts AB 51, AB 51 cannot be enforced.
Check out some of the most recent state law updates on employee rights, leave and minimum wage.
A remote employee, Karlee Besse of Reach CPA, an accounting firm based in British Columbia, was terminated for theft of time, and then subsequently ordered to pay back approximately $2,750 to the firm for misrepresented wages discovered by time-tracking software. With the growing number of remote workers and the increased usage of productivity monitoring software, this case is an interesting study in the newest employment dynamics.
The BIPA hits keep coming for employers and companies in Illinois. Today, in a long-awaited opinion in Tims v. Black Horse Carriers, Inc., the Illinois Supreme Court found that a five-year statute of limitations applies to all BIPA claims. This is not welcomed news for employers as it broadens the potential exposure under this biometric law that comes with the heaviest penalties for failure to comply—even if no injury is suffered.
The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that all petitions be ready for submission by March 1.
2022 is now “in the books” and organized labor has to be reeling seeing the latest news. Despite all of those sensational headlines involving a few high profile employers facing union organizing drives last year, the union membership rate dropped to a new historic low in 2022.
On December 29, 2022, President Biden signed an omnibus appropriations bill into law that includes expanded protections for pregnant and nursing employees through two new acts: The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP).
The long-awaited SECURE 2.0 Act of 2022 (“SECURE 2.0”), containing sweeping changes to workplace retirement plans, was signed into law on December 29, 2022 as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the revisions to retirement plan rules enacted by the Setting Every Community Up for Retirement Enhancement Act of 2019 (the original SECURE Act), and makes even more aggressive changes.
While we continue to absorb the impact of the National Labor Relations Board’s recent expansion of its authority to include awards for consequential damages in unfair labor practice (ULP) cases, there are other significant pro-union decisions and directives that need to be on your radar.
Non-compete agreements – contract clauses, usually in employment agreements, that ban an employee from working in a certain industry, or in a certain geographic area for a period of time following termination of employment – have been under increasing scrutiny by state legislatures over the last several years. Many states, including Illinois, have banned their use for workers below certain income thresholds, for example.
On December 21, 2022, New York Governor Kathy Hochul signed into law a statewide pay transparency bill, Senate Bill S9427A, that will take effect September 17, 2023. New York’s Pay Transparency Law requires employers with four or more employees to disclose compensation or range of compensation to applicants and employees when posting any opportunities for hire, promotion, or transfer. The law defines “range of compensation” as the minimum and maximum annual salary or hourly range of compensation for a job, promotion, or transfer opportunity that the employer in good faith believes to be accurate at the time of the positing of an advertisement.
As labor unions continue to target banks and credit unions – employers that, as mentioned in our previous blog, unions historically avoided – employers in the financial industry must be aware of labor law developments. It is critical that employers know and understand the rules of engagement in traditional labor law --- particularly as the law develops under the current administration. What now will trigger an unfair labor practice charge or the ire of the National Labor Relations Board (NLRB) is much different than a few years ago. Additionally, the rules and procedures surrounding a union organizing drive is changing dramatically and evolving into a very pro-union process.
On November 21, 2022, New York State Governor Kathy Hochul signed Assembly Bill 8092B, amending the state's labor law to clarify that employers cannot retaliate against employees for “any legally protected absence pursuant to federal, local or state law.”
To strengthen enforcement and improve compliance with workplace safety standards and reduce worker injuries and illnesses, the U.S. Department of Labor is expanding the criteria for placement in the Occupational Safety and Health Administration’s Severe Violator Enforcement Program (“SVEP”).
In another pro-union decision, the National Labor Relations Board (“NLRB” or “Board”) recently held that employers are responsible for all “direct or foreseeable pecuniary harms” sustained by employees as a result of an unfair labor practice. While such remedies have been ordered sparingly in the past on a case-by-case basis, the Board now mandates such an award in every successful unfair labor practice charge.
A 2019 study conducted by the U.S. Department of labor found that food production workers in Illinois and Ohio had significantly higher injury rates than the overall rates for manufacturers in the private sector. To try and correct this trend, OSHA started the Local Emphasis Program focused on more than 1,400 manufacturing facilities in both Illinois and Ohio.
With the holidays upon us, companies are assessing year-end to-do’s and considering what 2023 will bring. For companies employing California residents, compliance with the new California Privacy Rights Act (CPRA) should be at the top of their list. Indeed, to date, companies that employed California residents had a reprieve from the consumer-facing rules and requirements of the California Consumer Privacy Act (CCPA). The CCPA, which is, essentially, a data privacy “bill of rights” for Californians, even impacted many companies based outside of California but only as to their consumer-side relationships.
In 1986, the Reagan administration instituted use of the I-9 Immigrant form, requiring employers to verify their employees’ identity and eligibility to work. While the concept was simple and the current form was meant to be simple, compliance has been anything but simple and I-9 forms can feel like a minefield.
In another example of the Department of Labor (DOJ) pursuing criminal anti-trust cases against employers throughout the country, on October 27th, 2022, VDA OC, LLC (formerly Advantage On Call or AOC), a health care staffing company, pled guilty to conspiring with a competitor to assign and fix nurses salaries within a specific school district in Nevada, which violated Section 1 of the Sherman Act. We have previously written in more detail regarding the DOJ’s new commitment to criminally prosecute supposed labor market collusion amongst competitors. This guilty plea is essentially the DOJ’s first “win” in its criminal enforcement of labor violations under the federal antitrust laws, after incurring two prior losses. If employers are not attuned to this area of the law already, this serves as yet another wake up call.
As we discussed in our previous blog post, in 2021 the EEOC issued a technical assistance guidance addressing employers’ obligations under Bostock v. Clayton County, the U.S. Supreme Court’s 2020 landmark decision holding that Title VII prohibits workplace discrimination on the basis of sexual orientation and gender identity. We blogged about the Bostock decision in June 2020.
Proposed Amendment 1 to the Illinois Constitution creates many unknowns. However, it’s quite clear that the amendment accomplishes two major goals of labor organizations in Illinois. First, this will prevent Illinois from enacting any law that permits it to adopt “Right-to-Work” on any local or state level. Second, it will prevent lawmakers (in any level of government) from passing any law or local ordinance that attempts to reform, modify, moderate or in any manner address public union benefits and working conditions that are ultimately bargained for and agreed to in the past, current or future.
If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act (BIPA), they should be now. On October 12, 2022, after a week-long trial, a federal jury returned a verdict finding that one of the nation’s largest railway companies, BNSF, had violated BIPA—to the tune of a $228 million judgment.
California Governor Gavin Newsom recently signed into law a number of new bills impacting employers operating in California, who must remain vigilant with these developments as they are quickly going forward.
On October 11, 2022, the U.S. Department of Labor (DOL) announced that it is proposing to do away with the existing independent contractor test that the Trump administration slipped into place in January 2021, in favor of a shift back to a “totality of circumstances” analysis.
The National Labor Relations Board (“NLRB” or “Board”) recently held that employers must continue deducting union dues from workers’ paychecks (referred to as “dues checkoff”) as agreed in their collective bargaining agreements (“CBAs”), even after those agreements expire.
Employers across all industries are concerned about employee retention in the continuing wake of the “Great Resignation” or the “Big Quit.” According to one of the largest global workforce surveys, 1 in 5 employees plan to quit in 2022.
On August 25, 2022, the U.S. Securities and Exchange Commission (SEC) voted to adopt the “pay-versus-performance” rule, requiring publicly traded companies (except foreign private issuers, registered investment companies, and Emerging Growth Companies) to provide clear disclosure to shareholders on the relationship between companies’ executive compensation and financial performance. The adoption finally implements Section 14(i) of the Securities and Exchange Act of 1934 (the “Exchange Act”), as added by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
The California State Legislature recently passed a Senate Bill 1162, a pay transparency bill intended to narrow the gender pay gap and differences in pay for Black and Latino employees. If the California Governor signs Senate Bill 1162 into law, California employers with 15 or more employees must include the pay scale for a position on all job postings and provide current employees with the pay scale for their position upon request. Moreover, employers with 100 or more employees must also submit an annual pay data report, including median and mean hourly rates for race, ethnicity and sex within each job category, to the Department of Fair Housing and Employment. Under this new law, employees and applicants would be able to access this pay information because the reports would be publicly accessible. The law includes civil pay penalties for employers in violation of these requirements.
Legislation aimed at expanding green energy construction projects is spreading throughout the United States. With it, prevailing wage mandates and project labor agreements tied to such projects are becoming more common. Construction contractors representing various trades and sizes need to be aware of the fine-print when considering bidding on these projects --- including simple repair and maintenance.
Recently, the 4th Circuit U.S. Court of Appeals issued a decision that expanded protections under the Americans with Disabilities Act (ADA) to people with gender dysphoria. While the case at issue was not employment-related, the implications of the decision are significant for all employers because it strengthens support for claims of ADA protection for individuals with gender dysphoria within the scope of employment, public accommodations, and government benefits and services.
On August 29, 2022, the National Labor Relations Board (NLRB) examined workplace restrictions on the display of union insignia where employers require employees to wear uniforms or designated clothing. In a 3-2 ruling, the NLRB decided that Tesla, Inc. violated labor law by restricting employees from wearing pro-union t-shirts because such restriction implicitly prohibits workers from substituting union attire for required uniforms.
The Seventh Circuit Court of Appeals ruled last week that a contractual choice of law provision was irrelevant to whether workers were employees or independent contractors and to whether pay deductions were lawful.
Check out some of the most recent state law updates on COVID-19, employee rights, minimum wage and paid leave.
Join us on Wednesday, September 21 at noon for a live-stream of our Eighth Annual Labor & Employment Fall Seminar as we discuss hiring, onboarding and retention. Our attorneys will discuss everything from the initial interview to the written job offer and everything in between.
On August 16, 2022, the 7th Circuit Court of Appeals rejected the Equal Employment Opportunity Commission’s (EEOC) attempt to increase the level of scrutiny given to sex discrimination cases under the Pregnancy Discrimination Act and the Civil Rights Act of 1964. With this ruling the Appellate Court affirmed a summary judgment award given to a large retail chain by a District Court in Wisconsin.
In a continuance of the labor-friendly trajectory of the National Labor Relations Board (NLRB) under the current administration, the 9th Circuit recently issued a decision upholding the right of the NLRB to award legal fees to a union incurred during the collective bargaining process. This ruling should put all unionized employers on notice of the ripple effects of decisions such as this one on their own bargaining.
In Constellium Rolled Products Ravenswood v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit addressed the tension between a worker’s? Section 7 protected and concerted activity rights under the National Labor Relations Act and workplace harassment that’s forbidden by workplace anti-bias laws. In a 2-1 ruling, the Court of Appeals held that the NLRB had adequate justification to rule that an employer violated federal labor law for firing a worker who wrote “whore board” on overtime sign-up sheets despite the employer’s contention that it was enforcing its anti-harassment policy.
States are becoming more focused on labor relations! Check out some of the most recent state law updates on employer-employee relationships, minimum wage and paid leave.
If we were to tell you that the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) recently entered into a Memorandum of Understanding (MOU) “Regarding Information Sharing, Cross-Agency Training, and Outreach in Areas of Common Regulatory Interest,” your response may well be “What? Why? And what ‘Common Regulatory Interest’ could they possibly share?” Well, good questions.
Check out some of the recent updates in COVID-19 regulations, discrimination policies, minimum wage and more!
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) - the federal agency responsible for enforcing anti-discrimination laws - issued new guidance on when employers may require employees to screen/test employees for COVID-19. The updated guidance can be found in What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (the “Guidance”).
The federal Family and Medical Leave Act (FMLA) provides employees essentially two paths to bring lawsuits for alleged FMLA violations: retaliation claims and interference claims. Employers are generally familiar with the concept of retaliation, and FMLA retaliation claims tend to fit a familiar mold: If an employee suffers an adverse employment action (e.g., termination, unpaid suspension) that is causally connected to a request for FMLA leave or other FMLA-protected activity, the employee may have a claim for FMLA retaliation.
Illinois employers should update their leave policies in light of the new bereavement law going into effect on January 1, 2023. On June 9, 2022, Governor Pritzker signed into law the Family Bereavement Leave Act (“FBLA”). The FBLA amends the Child Bereavement Leave Act (“CBLA”) and expands upon an employer’s obligations to provide unpaid bereavement leave to its employees.
As litigation costs continue to explode, more and more businesses have been including arbitration clauses in contracts with employees and customers. These clauses, which frequently include class action waivers, allow businesses to remove lawsuits from court to the more streamlined and cost-effective arbitration system. In recent years, the U.S. Supreme Court has consistently enforced arbitration clauses in a wide variety of contexts.
The U.S. Supreme Court's decision last month to overturn Roe v. Wade presents new challenges for employee benefit plans. By overturning the case establishing a constitutional right to abortion, the Court's decision in Dobbs v. Jackson Women's Health allows individual states to impose restrictions or outright bans on abortion. The decision is quickly leading to a patchwork of state laws that plan sponsors must now consider.
Late last week, NLRB General Counsel Abruzzo issued yet another memorandum that she identified as an “Update on Efforts to Secure Full Remedies in Settlements.” She congratulated the Regional Directors for an “excellent job” implementing settlements in line with her September 2021 directives. The memorandum listed the various examples of the new make-whole remedies that Regions have secured through settlement agreements.
Learn about some of the most recent updates made to various state COVID-19 regulations!
Many states are updating their laws surrounding workplace rights and paid leave. This blog touches on some of the most recent and crucial updates made to local laws involving paid leave and worker rights.
On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s employees. Essentially, the amendments open up general contractors entering into construction contracts in Illinois to potential liability for claims brought under the Act against their subcontractors, for all contracts entered into on or after July 1, 2022.
Find out how some states have amended their state fair employment practices laws by redefining various key terms that have previously been consistent across the United States.
On January 1, 2022, we saw the Illinois minimum wage increase from $11.00 to $12.00. Not to be outdone, the City of Chicago and Cook County are increasing their set minimum wages on July 1, 2022.
On June 15, 2022, the United States Supreme Court held that the Federal Arbitration Act (FAA) partially preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under California’s Labor Code Private Attorneys General Act of 2004 (PAGA).
USCIS has announced a few measures to ease the backlog of Employment Authorization Document (EAD) cards. These may feel like baby steps. But they are steps in the right direction.
In today’s age of technology and innovation, more and more employers are hiring remote employees who live and work in a geographic location outside of where their business is located. Remote work offers advantages, including expanding access to a wider pool of employee talent and savings on overhead costs. But managing a multi-state workforce can be challenging.
In today’s virtual world so much has changed – we work from home, we attend meetings from home, and now, many companies are hiring from home. Virtual interviewing is on the rise, and for good reason. Companies can interview from a wide-breadth of candidates across the country without having to fly interviewees to the main office. However, video conference platforms can also open business up to potential litigation and compliance risk.
The Pandemic Era brought in droves of new challenges for employers, including The Great Resignation – an unprecedented trend of employees voluntarily quitting their jobs starting in 2021 and continuing to today. The unemployment rate is low and employers’ demand for labor is high meaning that it is more important than ever for employers to implement strategies for employee retention. Employers may want to kick-start these retention strategies with an eye towards working parents.
On April 7, CMS announced that it would be phasing out several temporary waivers enacted during the COVID-19 pandemic and restoring minimum regulatory requirements to protect residents’ health and safety.
Courts in the United States are split on whether a company’s acknowledgment of vicarious liability for an employee’s negligence, bars a claim of direct negligence against the company. Based on appellate court decisions, Illinois had been one of the states that barred direct negligence claims against a company when the company had acknowledged being vicariously liable for its employee’s actions. However, on April 21, 2022, in McQueen v. Green, the Illinois Supreme Court rejected the earlier appellate court decisions and held that companies can be both vicariously liable for an employee’s negligence, as well as directly liable for the company’s negligence.
Mayor Lori Lightfoot and the Commission on Human Relations (the “Commission”) recently amended and expanded the sexual harassment prohibitions set forth by the City of Chicago. The Ordinance provides for many changes—it (i) expands the definition of “sexual harassment;” (ii) expands the requirement for written policy documents; (iii) increases the statute of limitations for reporting discrimination; (iv) increases the monetary penalty for discrimination; and (v) has caused additional “safety measures” to be implemented by employers.
As employers continue to face staffing issues, using independent contractors has become more common. Health care entities need to be mindful of the special requirements that apply to such arrangements.
Perhaps flying under the radar of everyone except antitrust lawyers (and the employers who have been targeted), the Department of Justice (DOJ) has made a concerted push recently to use federal anti-trust laws as a tool to bolster workers’ rights, even going so far as to prosecute employers for alleged anticompetitive practices in labor markets.
Here are some of the latest state and local employment law updates for May 13, 2022.
Many—if not most—employment discrimination and retaliation lawsuits involve a company’s decision (a) to terminate or otherwise discipline an employee or (b) not to hire a particular applicant. And the reason why the company made its decision is quite possibly the most important fact in the majority—if not all—of these cases.
On May 2, 2022, the United States Supreme Court granted certiorari in Helix Energy Solutions Group, Inc. v. Hewitt, a case that deals with the Section 13(a)(1) and 29 C.F.R. § 541.601 highly compensated employee exemption under the Fair Labor Standards Act.
Employers with 100 or more employees in Illinois have begun receiving notice that it is time for their business to comply with obtaining their Equal Pay Act Registration Certificate (“EPRC”). In order to obtain the EPRC from the Illinois Department of Labor (“IDOL”) a business must complete an EPRC Compliance Statement, submit their Federal EEO-1 disclosure and provide pay data regarding their Illinois employees.
Below are some of the latest state updates –
INDIANA
Indiana Code 24-4.9-3-3, which addresses “reasonable” delays in reporting data security breaches, was amended by H.B. 1351 to impose a forty-five (45) day limit on reporting breaches of certain personal information. Effective July 1, 2022, employers must notify Indiana residents, including employees and applicants, no later than forty-five (45) days after discovering a breach of certain personal information.
MASSACHUSETTS
The COVID-19 Massachusetts Emergency Paid Sick Leave Program ended on March 15 ...
Board diversity requirements have hit the headlines again due to a recent ruling by a California Superior Court judge who struck down a 2020 California law (AB 979) that required companies headquartered in California to have from one to three board members who self-identify as a member of an “underrepresented community,” which includes Asian, Black, Latino, Native American, and Pacific Islander individuals, as well as those who are gay, lesbian, bisexual or transgender. It allowed the Secretary of State to fine companies who did not comply. The court found for the plaintiff ...
On April 11, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, seeking a return to the NLRB’s long-abandoned Joy Silk doctrine. Under that doctrine, unions may obtain representational status, simply by claiming to have the support of a majority of a private employer’s employees (typically through union card signing)—and putting the burden on the employer to affirmatively demonstrate a good-faith doubt as to that majority status in order to lawfully ...
Below are some of the latest state updates and posters —
CALIFORNIA
Minimum Wage Poster
The City of Pasadena has updated its Minimum Wage Poster to reflect a $16.11 hourly minimum wage rate, effective July 1, 2022 through June 30, 2023. The minimum wage requirement set forth in the Pasadena Minimum Wage Ordinance applies to adult and minor employees who work two (2) or more hours per week in Pasadena.
Employers must (1) display this poster in the workplace where it can be easily read by employees, and (2) translate its contents into languages spoken by five percent (5%) or more of their ...
Treat ‘em like mushrooms is an expression that is never actually uttered out loud by union organizers, but it’s certainly implied when it comes to organizing a workforce. Keeping the worker in the dark concerning key facts and the fine print before casting an official vote for or against union representation is something organized labor tries to ensure. In fact, under the National Labor Relations Act (NLRA), unions not only don’t have an obligation to share key information to prospects, they can also lawfully mislead workers and provide them with false ...
A recent case provides a refresher step-by-step guide on the requirements of a lawfully administered disability accommodation policy under the Missouri Human Right Act.
See some of the latest state updates and posters – Fair Employment, Paid Leave and Minimum Wage Rates
The Department of Homeland Security (DHS) announced that is it ending the List B identity document flexibilities it had provided employers since May 2020. Starting on May 1, 2022, employers may ONLY accept UNEXPIRED List B documents.
In the past few years, a law was passed in Illinois that added annual reporting requirements for publicly held companies with their headquarters in Illinois.
Although labor unions have historically not targeted banks and credit unions for organizing, desperate times call for desperate measures as union membership continues to fall in the United States with only 6.1% of the private sector workforce belonging to a labor organization. While just over 1% of all financial services employees are unionized, there has been an uptick in unionization hitting the financial industry since 2020; with signs of more aggressive action on the part of labor organizations not slowing down.
Recent Union Organizing of Financial Institutions
Recent ...
On March 14, 2022, Judge Marcia Crone of the U.S. District Court for the Eastern District of Texas ordered that the Trump administration’s rulemaking regarding the Fair Labor Standards Act’s (FLSA) Independent Contractor Test (specifically Title 29, Part 795 of the Code of Federal Regulations) be reinstated effective March 8, 2021. The court ruled that the Department of Labor’s delay and subsequent withdrawal of the rule was a violation of the Administrative Procedure Act (APA). It is unclear whether the Department of Labor will appeal the Texas court’s decision to the ...
Retaliation remains a top enforcement priority of the federal government. Last week the U.S. Department of Labor (DOL) announced a new field assistance bulletin entitled “Protecting Workers from Retaliation” and pledged to “use every tool available” to “uphold the rights of workers to identify violations of the law without fear of termination or other threats to their reputation, safety or livelihood.” Making good on its pledge, this week the DOL ordered an Arizona manufacturer to pay nearly $600,000 and reinstate a former employee who claimed retaliation ...
Below are some of the latest state updates and posters –
NEW JERSEY
The State of New Jersey has issued a new Wage and Hour Law Abstract in connection with its amendment of the statutory minimum wage rate. Accordingly, employees are not to be paid less than the state minimum wage schedule provided.
Overtime is payable at a rate of 1.5 times the employee’s regular hourly rate for hours worked in excess of 40 hours per week. The following employees are exempt from overtime: (i) executive, administrative and professional; (ii) farm workers; and (iii) limousine drivers.
Employees ...
Below are some of the latest state updates and posters –
CALIFORNIA
The State of California has released various information on Covid-19 related paid sick leave for 2022:
- According to the Supplemental Paid Sick Leave Poster, which became effective on February 19, 2022, covered employees in the public or private sectors who work for employers with at least 26 employees are entitled to up to 80 hours of 2022 COVID-19 related paid sick leave from January 1, 2022 through September 30, 2022. This leave is to be issued immediately upon any form of request to employers, and 40 of ...
President Biden, the self-described “most pro-union president,” is faced with the grim reality that despite his administration’s systematic efforts to boost union membership, union membership has, instead, fallen back to historic lows. The Bureau of Labor Statistics released figures that the rate of union membership, or the percentage of wage and salary workers who were part of a union, dropped to 10.3% in 2021, matching the record low in 2019. Among private-sector workers, the numbers were even worse: union members made up just 6.1% of that workforce, compared to 33.9% of ...
On December 27, 2021, the NLRB entered a formal Notice and Invitation for briefing from the public to aid in its consideration of: (1) overturning the independent-contractor standard established in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019); and (2) returning to the standard from FedEx Home Delivery, 361 NLRB 610, 611 (2014) either in its entirety or with modifications.
The notice and invitation come as part of the Board’s review of a finding that certain makeup artists, wig artists, and hairstylists are employees of The Atlanta Opera, Inc. and not independent ...
Court decisions dealing with and interpreting the Illinois Prevailing Wage Act do not occur with great regularity. So when an interesting decision comes down, we feel it is worth reporting on and should be noted by those businesses that are subject to the Act.
The case is Rodriguez v. Simplex Grinnell LP and is from the U.S. District Court for the Northern District of Illinois, decided in August 2021. In that case, the court rejected plaintiffs’ (employees of Simplex Grinnell who worked on public projects in the State of Illinois) argument that testing andor inspecting work ...
Below are some of the latest state updates –
CALIFORNIA
The State of California has updated the following:
- According to a Notice issued by the Los Angeles Office of Wage Standards on February 1, 2022, the city’s hourly minimum wage will rise from $15.00 to $16.04 as of July 1, 2022.
- Supplemental paid sick leave is now provided to covered employees under Senate Bill No. 114. Such employees must be unable to work, in person or remotely, for reasons related to COVID-19. The paid sick leave will be retroactive from January 1, 2022 until September 30, 2022. The same provisions apply to ...
On February 10, 2022, the U.S. Senate passed a bill that prohibits mandatory arbitration for workplace sexual harassment or sexual assault claims. The bill, H.R. 4445, originated in the House, and later passed there on February 7, 2022. The Senate quickly passed the bill by large, bipartisan margins. President Biden has voiced support for the bill and is expected to sign it into law.
H.R. 4445, named the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, prohibits enforcement of contracts that mandate that workplace disputes alleging sexual assault or sexual ...
It depends where you stand. Here are some of the latest updates –
California: Yesterday, Governor Gavin Newsom signed a bill that restores the expired supplemental paid leave requirements that he signed into law back in March 2021. In a nutshell, beginning February 19 (retroactive to January 1, 2022) and continuing through September 30, 2022, California employers with more than 25 employees must provide up to two (2) weeks of paid COVID-19 leave to employees who are unable to work or telework due to COVID-19 reasons:
- First bank of hours: An employee can receive up to 40 hours of ...
No employer is immune from staffing storages in today’s climate, but December 2021 unemployment data released this week by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS), confirms what Indiana employers have been feeling for a while: it is harder than ever to recruit and retain talent.
According to the report, Indiana had the lowest unemployment rate in the nation in December 2021 at just 1.3% (tied with Utah), significantly lower than the national rate of 3.7%. Indiana also took the top two spots on the national list of metropolitan areas for December 2021 ...
The Illinois Supreme Court forever quashed one of Illinois employers’ last lines of defense to the onslaught of claims brought under the Illinois Biometric Information Privacy Act (BIPA).
As we reported on January 29, 2021, the Illinois Supreme Court granted leave to appeal the Illinois Court of Appeals for the First District’s ruling in McDonald v. Symphony Bronzeville Park LLC that held BIPA claims are not the type of injuries falling under the scope of the Workers’ Compensation Act (WCA) and its exclusivity provisions. Today, the Illinois Supreme Court in a 7-0 ...
Within the last week, the State of Illinois issued two new workplace posters and the District of Columbia issued a revised COVID-19 poster. The State of Minnesota and the State of Colorado also updated their legislation on pregnancy accommodations and sentencing reform, respectively.
All posters are required postings and must be displayed in the workplace—including, to the extent applicable, employees’ remote workplaces.
ILLINOIS
The Illinois Department of Labor (IDOL) has issued the following posters:
This poster details the ...
Despite the ever increasing concerns over privacy and data breaches, both externally and internally, it may become more difficult for employers to legally protect their confidential and proprietary information. As explained in our November 8, 2021 article, “Employers’ Rights Under the Computer Fraud and Abuse Act (CFAA) Narrowed after Supreme Court Decision in Van Buren,” the United States Supreme Court significantly narrowed the interpretation of the CFAA and therewith employers’ means of seeking remedies for the misuse of confidential data. In essence, the Court ...
If you’re wondering what to do in the wake of the United States Supreme Court’s decision striking down the OSHA’s Emergency Temporary Standard mandating COVID-19 vaccination and testing, you’re not alone. Unfortunately, there is no short answer for many employers – it largely depends on your industry, and where you’re located.
First and foremost, you need to verify that you are not subject to any other COVID-19 vaccination mandates. Employers in the health care industry that fall under the reach of the Centers for Medicare & Medicaid Services (CMS), for ...
On December 7, 2021, we brought to you the news that U.S. District Court Judge R. Stan Baker in the Southern District of Georgia put a nationwide halt on the federal contractor vaccination mandate. On January 21, 2022 Judge Jeffrey V. Brown of the U.S. District Court for the Southern District of Texas agreed with Judge Baker. The judge opined that this case was not about the importance of being vaccinated or not, because the judge agreed it was important that everyone should get vaccinated. “It is instead about whether the President can, with the stroke of a pen and without the input of ...
As of January 2022, the State of California and the State of Oregon have issued new workplace posters and updated certification forms related to various labor laws. The materials addressed below are mandatory postings for all employers, whether that be in the workplace or provided in employee handbooks. Businesses that fail to comply may be subject to fines or sanctions.
CALIFORNIA
The California Department of Fair Employment and Housing (DFEH) has issued multiple new posters and certification forms in connection with the expansion of the California Family Rights Act (CFRA) and ...
Signed into law on October 7, 2021 by California Governor Gavin Newsom and effective January 1, 2022, the “Silenced No More Act” amends and expands the previous Stand Together Against Non-Disclosures (STAND) Act.
The STAND Act was passed in 2018 in the wake of the #MeToo movement and focused specifically on claims of sexual harassment and discrimination or retaliation based on sex. The new law goes beyond the STAND Act’s focus on sex discrimination and harassment, and expands its protections to any characteristic protected under California law. For example, this would ...
On January 14, CMS issued guidance regarding when the COVID-19 vaccine mandate for health care workers will be enforced in the 24 states affected by the Supreme Court’s ruling issued the previous day. Those states are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia and Wyoming.
By February 15, 2022, covered facilities must demonstrate that:
- Policies and procedures are developed and ...
President Biden announced on January 10th that the Biden-Harris Administration is requiring insurance companies and group health plans to cover the cost of over-the-counter (OTC), at-home COVID-19 tests. Beginning January 15, 2022, individuals with private health insurance coverage or covered by a group health plan who purchase an over-the-counter COVID-19 diagnostic test authorized, cleared, or approved by the U.S. Food and Drug Administration (FDA) will be able to have those test costs covered by their plan or insurance. Insurance companies and health plans are ...
Ending months of uncertainty, today the Supreme Court issued its decision allowing CMS to enforce its vaccine mandate for health care workers. The Court’s decision stays the injunctions entered by federal courts in Missouri and Louisiana. CMS may now enforce the rule nationwide. Before today’s decision, the CMS rule could only be enforced in 26 states.
As a refresher on what the CMS rule requires, see our previous summary of the rule. Further guidance should be issued by CMS before compliance is required. We will continue to keep you updated.
In another opinion issued ...
In a 6-3 decision just released, the Supreme Court blocked OSHA’s Emergency COVID-19 Vaccination and Testing Standard (“ETS”) from taking effect, which required employers with one hundred or more employees to conduct weekly testing of all unvaccinated employees, amongst other things.
While procedurally, the ruling merely reinstituted the stay of the ETS, the ruling signaled the final outcome for the ETS, finding more broadly that the ETS went beyond OSHA’s authority. The Court stated: “[a]lthough Congress has indisputably given OSHA the power to regulate ...
On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and employment laws.
The partnership intends to ensure that workers receive proper wages and are able to take collective action to improve working conditions without fear of retaliation. The MOU outlines several procedures on information-sharing, joint investigations and enforcement activity, and training meant to strengthen the agencies’ ...
With the New Year upon us, it is time to begin the initial H-1B process for any interested companies or organizations with foreign workers. Now is the time to see if anyone will need assistance with an H-1B petition.
In 2019, USCIS implemented a new electronic registration system for employers seeking to file H-1B cap-subject petitions for foreign national employees. Last year, the registration period for foreign nationals ran from March 9 to March 25, 2021. We anticipate a similar timeframe this year. Once the registration period is over, the US Citizenship and Immigration ...
On December 17, 2021, in a 2-1 decision, the 6th Circuit Court of Appeals dissolved the stay of OSHA’s Emergency Temporary Standard (ETS) previously ordered by the 5th Circuit Court of Appeals. Therefore, OSHA’s ETS mandating workplace vaccination and testing on all private employers with 100 or more employees is back on. While the 6th Circuit did not address timing issues, the day after the decision was released, OSHA announced that it will not issue citations for noncompliance with any requirements of the ETS before January 10, 2022 and will not issue citations for ...
In the ongoing saga of the federal government’s attempts to impose vaccine mandates on certain sectors, on Wednesday, December 15, the United States Court of Appeals for the Fifth Circuit concluded that the nationwide injunction issued by a Louisiana District Court was overbroad and could only apply to the 14 states that were plaintiffs in the lawsuit. The court stayed the injunction for the 26 states that were not parties to the lawsuit before it or covered by the 10-state injunction issued by the Eastern District of Missouri on November 29. Therefore, the CMS vaccine ...
If you have frequented the Amundsen Davis Labor & Employment Blog, you may recall that we previously reported on one of the very first actions taken by Governor Pritzker immediately following his inauguration in January 2019. Gov. Pritzker signed into law additional amendments to the Illinois Prevailing Wage Act (IPWA). Amongst the changes made to one of the most onerous prevailing wage laws in the United States, was a new mandate that required all contractors to submit their monthly certified transcript of payroll via the Illinois Department of Labor’s (IDOL) electronic ...
In September President Biden’s Executive Order 14042 was blessed by the Safer Federal Workforce Task Force requiring certain federal contractors to have all of their contract and related workers vaccinated against COVID-19 by the new deadline date of January 4, 2022 (it was previously set for December 8, 2021 but with the OSHA and CMS mandates, the federal contractors’ date was extended). Just like President Biden’s Orders to get both health care workers and employees who work for companies with 100 or more employees vaccinated, the federal contractor vaccination ...
On Tuesday, November 30, Louisiana federal district Judge Doughty issued a nationwide injunction against implementation of Centers for Medicare & Medicaid Services’ (CMS) vaccine mandate for health care workers. Judge Doughty’s decision was issued just a day after Missouri federal district Judge Schelp issued a preliminary injunction against the mandate in 10 states. Unlike the Missouri decision, the Louisiana court issued a nationwide injunction due to that court’s conclusion that there was a need for uniformity and protection of unvaccinated health care ...
With the help of the US Department of Labor (DOL), the Biden Administration made good on its promise to increase the minimum wage for workers who work on new or updated federal contracts (including extended, renewed, or exercise of an option on an existing contract). The President’s full Executive Order may be found on the White House website.
This was carried out by the DOL on November 22, 2021 with its Final Rule requiring that such workers’ minimum pay will now be $15.00 an hour starting January 30, 2022. Keep in mind if your local or state minimum wage is more, you have to pay the ...
In the past several months there has been a flurry of Executive Orders and other legally binding rules regarding vaccine mandates. Standing first and above the rest are the Executive Order by the Biden Administration mandating federal contractors have a vaccinated workforce without the option for testing (we previously blogged on this topic on September 13, 2021 and on September 27, 2021), and the imminent Emergency Temporary Standard (ETS) to be issued by the Occupational Safety and Health Administration (OSHA).
In the wake of those federal mandates many states have ...
In September, the Biden Administration directed OSHA to issue an Emergency Temporary Standard (“ETS”) requiring employers with one hundred or more employees to ensure their employees are either fully vaccinated or tested for COVID-19 on a weekly basis. That promised ETS was published on November 5, 2021, and linked here are OSHA’s summary of the ETS and the FAQ’s relating to the ETS.
One week later, on November 12, 2021, the 5th Circuit Court of Appeals issuing a scathing opinion staying the enforcement of the ETS. In the week that followed, legal challenges were ...
In December 2018, I got an unpleasant surprise: My first – and only – H-1B petition denial in my over 20+ years of practicing immigration law.
The petition was on behalf of an operations research analyst. I had done the same petition for other operations research analysts at this company. USCIS had approved them all, some all the way to green cards.
In this case I prepped the client, submitted a thorough petition, and responded to all requests for evidence. Unfortunately, this unpleasant surprise was not a shock. USCIS’s scrutiny had intensified and as many thought it was ...
Today the Centers for Medicare & Medicaid Services (CMS) released its interim final rule requiring all employees and certain suppliers of most Medicare and Medicaid certified providers to be fully vaccinated against COVID-19 unless they receive an exemption due to a disability, medical condition or sincerely held religious belief (the “Rule”) (the text of the regulations starts on page 171 of the CMS publication). The Rule is effective upon official publication, which is targeted as November 5.
Covered Health Care Entities
The Rule applies to the following types of CMS ...
The United States Department of Labor released a long-awaited Emergency Temporary Standard (“ETS”) for private employers with over 100 employees. The 490 page interim final rule answers a number of questions employers have had since the Biden Administration announced its plan in September, including:
What is the application to employers?
The ETS applies to employers with 100 or more employees as of November 5, 2021, regardless of the number of employees working at a specific location. The ETS does not, however, apply to employers covered by the CMS rule or federal ...
The executive compensation clawback rule mandated by Congress in Section 954 of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), is back. In the event of corporate misconduct, it will enable the SEC to recoup executive compensation (i.e., bonuses or other incentive-based pay), regardless of whether the executive was directly involved in or accused of any wrongdoing.
Section 954 of the Dodd-Frank Act
The U.S. Securities and Exchange Commission (SEC) proposed an initial draft of Section 954 in 2015. Under Section 954, the SEC was to issue rules ...
On October 29, 2021, the U.S. Department of Labor published its final rule regarding tipped employees with dual jobs (i.e., employees who perform both tipped and non-tipped work), rejecting the Trump-era approach to determining when tipped employees may be paid subminimum wages. The final rule reinstates the dreaded “80/20” rule that employers with tipped employees are likely familiar with, and adds a new “substantial amount of time” component to the determination. If you are an employer covered by the Fair Labor Standards Act, listen up!
The 80/20 Rule
Under the ...
As many employers begin implementing COVID-19 vaccine mandates, they are receiving a large number of employee requests for exemption from the vaccine for religious reasons. Before this week there was no direct guidance from the EEOC on this point, but that changed when the EEOC added this topic to its COVID-19 guidance. The following summarizes key points from that guidance.
An employer should assume that a request for religious accommodation is based on sincerely held religious beliefs. However, the employer may ask for an explanation of how the employee’s religious belief ...
Good, bad or otherwise… no matter your own personal or professional viewpoint, the fact is the National Labor Relations Board (NLRB) is poised to usher in new reforms and implement pro-labor priorities with the intent of reversing the modern-day trend of unions losing members in the private sector and penalizing employers under the National Labor Relations Act (NLRA) who attempt to push back against labor unions and related union organizing. While Big Labor continues to push the PRO-Act in Washington, D.C., there are many changes being implemented at the NLRB by recently ...
As discussed in our September 9, 2021 blog, the Biden administration has directed OSHA to implement an Emergency Temporary Standard that will require employers with 100 or more employees to ensure their employees are either fully vaccinated or tested weekly for COVID-19. While employers anxiously await OSHA’s Emergency Temporary Standard and guidance on who it applies to and what it entails, federal courts are upholding vaccine mandates that employers have chosen to voluntarily implement.
In August, New York City announced it was implementing a vaccine mandate requiring ...
As soon as the Biden administration announced it would ease travel restrictions in early November, my phone began ringing non-stop and email notifications started pinging like popcorn. If you work in Human Resources, you may know what I mean because it is likely your phone and email were ringing first.
HR clients were sending the messages on behalf of their foreign national workers and students who were asking if they could travel. Questions like “Can I go home for Christmas?” and “Is it safe to travel home in late November?”
Unfortunately, while the easing of restrictions is ...
In an aggressive effort to pressure employers into complying with the Biden Administration’s promised vaccine mandate, House Democrats buried an approximate five-fold increase to OSHA fines in their $3.5 trillion budget reconciliation bill, seeking to increase the maximum fines for a “serious” citations from $13,653 to $70,000 and for “repeat” and “willful” citations from $136,530 to $700,000. The incredible fine increase stems from OSHA’s concern that employers are ignoring its COVID-19 guidance and standards because the risk of non-compliance is ...
Employers with tipped employees, take note: the U.S. Department of Labor (DOL) released its long-awaited final rule on tip regulations, which was officially published on September 24 and becomes effective November 23, 2021. The final rule makes a number of changes that will impact tipped employees and their employers, including:
Civil Money Penalties
The DOL may assess a penalty up to $1,100 per violation against employers who take tips earned by their employees – regardless of whether the violations are repeated or willful. This means a penalty could be assessed on an ...
On September 24, 2021, as instructed by President Biden’s Executive Order 14042, the Safer Federal Workforce Task Force (“Task Force”) published its COVID-19 Workplace Safety for Federal Contractors Guidance. We first updated you on this Executive Order in our blog published on September 13: Who is a Federal Contractor for Purposes of the Biden Vaccine Mandate? But does the Task Force’s new guidance actually assist us in determining what federal contractors are covered under the Executive Order? Unfortunately, certainty as to who is covered by the Executive ...
As a part of Missouri’s new Victims Economic Safety and Security Act (VESSA), employers in the state with at least 20 employees must now provide unpaid leave to employees who are victims of domestic or sexual violence, or who have family or household members who are victims of the same. Effective August 28, 2021, all covered employers are required to notify employees of their right to unpaid leave under the law by or before October 27, 2021. The Missouri Department of Labor has published a poster which, if prominently posted, will meet this requirement.
The new mandate is ...
Last week, the EEOC filed a federal lawsuit in Georgia against an employer that did not allow an employee with a medical condition to work from home. Employers should carefully consider the circumstances at issue in this lawsuit when evaluating work-from-home accommodation requests as we anticipate litigation of this sort will arise more frequently in the coming months.
The employee at issue (“Moncrief”) worked as a Health Safety & Environmental Quality Manager at a pharmaceutical manufacturing facility. She has a number of physical impairments, including chronic ...
On August 23rd Governor Pritzker issued Executive Order 2021-20 requiring health care workers, school personnel, higher education personnel and students, and state-employees and contractors who work at state-owned or operated congregate facilities to get their first dose of a two-dose COVID-19 vaccine series, or a single-dose COVID-19 vaccine, within 10 days and be fully vaccinated within 30 days, subject to applicable medical and religious exemptions under federal and state law.
On September 9, 2021 President Biden announced sweeping new vaccine mandates for federal employees, federal contractors, and an upcoming OSHA Emergency Temporary Standard Rule for companies with more than 100 employees.
The recent announcement that Delta Airlines will begin imposing a $200 per month health insurance surcharge on unvaccinated employees has prompted many employers to consider whether a similar surcharge may be an alternative to mandating COVID-19 vaccinations for employees.
Now that the Delta variant is surging, employers are venturing into the arena of mandating that their employees take the COVID-19 vaccine. But deciding to mandate vaccination and actually implementing such a requirement is no easy feat.
Wisconsin employers discounting the possibility of organizing campaigns and unionization in their workplace.
On August 13, 2021, the Illinois Second District Appellate Court upheld the Illinois Human Rights Commission’s determination that Hobby Lobby violated the Illinois Human Rights Act (IHRA) by refusing to allow a transgender employee to use the restroom that matched her gender identity and awarded $220,000 in emotional distress damages against Hobby Lobby.
The Fight for Restroom Rights – Illinois Courts Follow National Trend in Prohibiting Sex Discrimination of Transgender Employees and Requiring Equal Access to Bathrooms
President Biden announced recently that those suffering “Post-Acute Sequelae of Sars-Cov-2 Infection,” aka long haul COVID-19, may qualify for protection under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).
Our understanding of the aftereffects of COVID-19 continue to evolve. The CDC currently lists the most common post-COVID symptoms on their website. These symptoms include:
- Dyspnea or increased respiratory effort
- Fatigue
- Post-exertional malaise andor poor endurance “Brain fog,” or cognitive impairment
- Cough
- Chest ...
The short answer is, private sector employers can very likely terminate the employee. If the employee is at-will, they can be fired for any non-discriminatory reason (or no reason at all); and, intentionally using the wrong name or pronoun to refer to a coworker is certainly a non-discriminatory reason. Even if the employee has “for cause” protection through an employment contract, there’s a pretty good chance that intentionally misgendering their coworker is sufficient cause to terminate, especially if they’ve been previously warned about similar behavior.
The issue ...
“This” is a no-call/no-show policy, the terms of which are generally something like: “An employee who is absent from work for three consecutive days without giving proper notice to the Company will be considered to have voluntarily abandoned their position and resigned from employment with the Company.”
A recent Michigan state appellate court decision illustrates one reason why employers should have a no-call/no-show policy disseminated to all employees. In that case, an employee who was terminated after being absent for three consecutive days without calling-in to ...
Employers who require employees to undergo mandatory security checks, health screenings, or similar pre- or post-shift activities take note: a growing number of courts have determined time spent waiting to undergo and actually undergoing the check or screening may be compensable under state law.
The most recent example is the Supreme Court of Pennsylvania, which concluded that the time Amazon employees spent on their employer’s premises “waiting to undergo, and undergoing, mandatory security screening” was compensable time under state law. That “state law” ...
On July 23, 2021, the United States Department of Labor (DOL) announced a proposed rule to increase the minimum wage for employees of covered federal contractors and subcontractors to $15.00 per hour. This rule follows President Biden’s Executive Order calling for an increase to the minimum wage for federal contractors. The rule suggests that the minimum wage increase go into effect January 30, 2022 and increase annually beginning in 2023 based on inflation.
The Proposed Rule is not final and may be revised. The DOL is accepting comments until August 21, 2021 and will publish its ...
Just when we were starting to let loose and enjoy the summer without masks, as a result of rising number of COVID-19 cases and the Delta variant, the CDC revised their guidance for fully vaccinated individuals on July 27, 2021 with the following changes:
- Fully vaccinated individuals are recommended to wear masks when indoors in areas of substantial or high transmission.
- Fully vaccinated individuals who have a known exposure to someone with suspected or confirmed COVID-19 should be tested 3-5 days after exposure, and wear a mask in public indoor settings for 14 days or until they receive ...
The National Labor Relations Board (NLRB) ruled 3-1 on July 21, 2021 that labor unions may continue to use large, inflatable balloons–usually in the shape of an ugly rat–to aid in publicity of labor disputes, whether connected with traditional picketing activity or without. The inflatable rat balloon used by the International Union of Operating Engineers, Local 150 has been nicknamed “Scabby.” Scabby was the subject of the NLRB’s ruling. In that case, Local 150 erected Scabby and banners at the entrance to the parking lot at an RV tradeshow. The rat and signage identified ...
On June 15, 2021, The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.” This resource reviews the impact of the Supreme Court’s Bostock v. Clayton County case and provides the EEOC’s position on what constitutes unlawful discrimination based on sexual orientation and gender identity. The EEOC’s answers to key questions on this issue are summarized below.
Does Title VII’s prohibition against sex discrimination extend to treatment based on ...
On June 25, 2021, Governor Pritzker signed into law additional amendments to the IL Equal Pay Act of 2003.
March 2021 Amendments (Recap)
As outlined in our March 23, 2021 blog article, Will Employers Have to Give 1% of their Total Gross Profits to the State of Illinois? Gov. Pritzker Signs into Law Unprecedented Changes to IL Equal Pay and Corporate Laws, the March amendments to the Act require businesses with 100 or more employees to obtain certification of compliance with the Equal Pay Act from the IL Department of Labor (IDOL).
The certification process requires employers to ...
It’s that time of year (again) for increases in minimum wage. However, this year is slightly different! In spite of the Cook County written notices that some employers may have received, the Cook County Minimum Wage for non-tipped employees is NOT increasing, as the unemployment rate for Cook County during the prior year was greater than 8.5%. However, the Cook County Minimum wage for tipped employees will increase on July 1st from $6.00 to $6.60 to match the increase under Illinois law. For City of Chicago employers, the minimum wage for both tipped and non-tipped ...
On June 21, 2021, the US Department of Labor (DOL) announced that it has proposed new rulemaking, and is seeking input on significant limits to an employer’s ability to utilize the tip credit.
Under the current law, the Fair Labor Standards Act and many state laws allow employers to pay employees in tipped positions a lower cash wage, and take a credit against the tips earned by the employee to make up the balance for the applicable minimum wage. The proposed changes impact when the tip credit is applicable.
The proposed rule places the work that a tipped employee performs into three ...
On June 10, 2021 OSHA issued its COVID-19 Emergency Temporary Standard (ETS) for the health care industry, along with general guidance for all other employers, which we already touched on in a previous post. However, there remains a lot to unpack, as there are many unanswered questions, especially for the health care field. Below we dig a bit deeper into the ETS and its practical implications for health care providers.
Are you covered? The first question—and it is not as clear cut as it may seem—is whether the ETS applies to your business. OSHA has issued a flowchart to ...
Employers of all sizes and industries, operating anywhere in the U.S., need to conduct HR Audits regularly. In 2021 and beyond, it is critical to carefully evaluate all aspects of how to properly and lawfully administer and manage personnel issues. Workplace laws, rules and regulations are constantly changing – what was lawful yesterday may be unlawful tomorrow. Annual HR Audits conducted by those with intimate knowledge and understanding of the latest legal developments, including enforcement, must be part of any employer’s regular processes.
Amundsen Davis’s ...
A federal judge in Texas on June 12, 2021 dismissed a lawsuit brought by Texas health care workers challenging their hospital’s COVID-19 vaccine mandate. The scathing opinion by U.S. District Judge Lynn N. Hughes left no doubt that he believed the claims of the 117 plaintiffs were without merit.
The lawsuit was brought by employees of Houston Methodist Hospital, who had refused the vaccine, after the hospital in April announced a policy requiring vaccination of all employees. In early June, over 170 employees of the hospital were suspended for two weeks without pay over their ...
As reported in prior blogs, the Illinois legislature for several months has been considering amendments to the Illinois Freedom to Work Act that apply to non-compete and non-solicitation restrictions. Amundsen Davis attorneys worked closely with the Illinois Chamber of Commerce to protect the interests of employers as much as possible during the legislative process.
The legislature has now passed SB672. It is generally viewed as a compromise between employer and employee interest groups. It is not a ban on restrictive covenants, but it does impose important limits on them.
On June 10, OSHA issued its long-promised COVID-19 Emergency Temporary Standard (ETS). Surprisingly, the ETS relates only to the health care industry, but updated guidance has been issued for all other industries, as outlined below:
Non-Health Care Industries: For non-health care industries, including manufacturing and construction, OSHA only intends to continue issue guidance relating to COVID-19, including updated guidance on complying with the CDC’s latest recommendations. Notably, the updated guidance exempts fully vaccinated workers from wearing ...
Effective May 25, 2021, the State of Nevada enacted amendments to the Nevada Unfair Trade Practice Act that address non-compete agreements. Prior to the new amendments, Nevada law provided that a non-competition covenant is deemed void and unenforceable unless: it is supported by valuable consideration, it does not impose any restraint that is greater than required for the protection of the employer, it does not impose any undue hardship on the employee, and it imposes restrictions that are appropriate in relation to the valuable consideration supporting the non-competition ...
On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its guidance regarding employers offering incentives for employees to be vaccinated against COVID-19. The updated guidance also clarifies issues related to whether employers can mandate that employees be vaccinated before entering the workplace.
Interestingly, the EEOC’s guidance on vaccine incentives is broken into two parts: (1) incentives for employees voluntarily providing proof that they received a vaccination on their own, and (2) incentives for employees who voluntarily receive a ...
With the upcoming Memorial Day holiday offering an opportunity to acknowledge and appreciate the sacrifice made by military families, it seemed a fitting time to revisit the legal nuances of providing preference in hiring veterans with disabilities. Veterans report high instances of service-connected disabilities, including blindness, deafness, missing limbs, major depressive disorder, and post-traumatic stress disorder. Some laws require employers to provide preference to disabled veterans. Some employers voluntarily create affirmative action programs for ...
Over the past several years, the State of Oregon has enacted significant statutory limits on non-compete agreements. Under ORS 653.295, as in effect until recently, a non-compete was “voidable and [could] not be enforced by a court of this state” unless:
- The employer advised the employee in a written employment offer at least two weeks before the first day of employment that a non-competition agreement is required, or the non-competition agreement is executed upon the employee’s bona fide advancement;
- The employee is exempt from Oregon minimum wage and overtime law;
- The ...