On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would prohibit non-compete clauses in both new and existing employment agreements between all employers and workers in the United States. The proposed rule would impact approximately 30 million workers already party to a non-compete agreement and would supersede any...Read More
Employers breathed a collective sigh of relief as the United States Supreme Court issued an order stopping enforcement of OSHA’s Emergency Temporary Standard (ETS) requiring employees at private employers with 100 or more workers be vaccinated for COVID-19 or else wear face masks and be tested weekly. The ETS, which went into effect on January...Read More
UPDATED: December 21, 2021 A three-judge panel of the Sixth Circuit Court of Appeals has ruled 2-1 to reinstate OSHA’s Emergency Temporary Standard (ETS) requiring employees at private employers with 100 or more workers be vaccinated or else tested weekly for COVID-19 starting January 4, 2022. The ETS was published on November 5th and immediately...Read More
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill 1480, which amends the Illinois Human Rights Act, the Illinois Equal Pay Act, and the Illinois Business Corporation Act. SB 1480, which became law immediately, sets forth various new requirements on employers that will require careful consideration and implementation. 1. Employers Are...Read More
On December 29, the Department of Labor (“DOL”) published two new Field Assistance Bulletins (“FABS”) addressing issues related to the ongoing COVID-19 pandemic. FAB 2020-7 addresses electronic notice postings requirements under federal labor laws. FAB 2020-8 in turn clarifies how telemedicine visits may qualify for FMLA leave. These new guidelines are discussed in detail below. ...Read More
Employers considering taking out a loan under CARES Act legislation should weigh the potential drawbacks and proceed with caution in determining whether to proceed.Read More
Employers facing the difficult decision of reducing hours and laying off employees due to the COVID-19 coronavirus epidemic must ensure they are following the Worker Adjustment and Retraining Notification (“WARN”) Act when taking such actions.Read More
On August 29, the National Labor Relations Board issued its decision Velox Express, Inc., 368 NLRB No. 61. Reversing course from the Obama-era, a Board majority held 3-1 that employers who misclassify their workers as independent contractors instead of employees do not violate the National Labor Relations Act (“Act”). Deciding in favor of employers, the...Read More
The United States Supreme Court announced on April 22, 2019, that it will consider a trio of cases relating to whether LGBT employees are protected under federal workplace discrimination laws. Two of these cases will determine whether gay, lesbian, or bisexual employees are protected under Title VII of the Civil Rights Act, which prohibits...Read More
