Hinshaw & Culbertson - Employment Law Observer

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Firm Profile: Hinshaw & Culbertson LLP
151 North Franklin Street
Suite 2500
Chicago, IL 60601, United States
Phone: 612-334-2586
Fax: 612-334-8888
Areas Of Practice
  • Labor & Employment Law
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Other U.S. Locations
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  • California
  • Florida
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EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace harassment…more

Age Discrimination, Anti-Harassment Policies, Disability Discrimination, Employee Training, Employer Liability Issues

See all updates »

Reviewing Employer Health Plan Coverages in the Post-Roe Era

With the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, employers should review their employee benefit plans and assess their options and obligations in offering group health plan…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Assistance Programs, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

DOL Proposes Increases in Exempt Employee Salary and Annual Compensation Requirements

​​On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to update and revise the salary requirements under the Fair Labor Standards Act (FLSA) for exemptions from minimum wage and…more

Compensation, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Wage and Hour

See all updates »

Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave…more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

See all updates »

A Pair Beats Four of a Kind: Take-Home COVID and the 'Rowland' Duty Factors

Repeatedly, people would make these and other more colorful comments whenever I would describe my case pending before the California Supreme Court: Because a construction worker swore the only place he could have contracted…more

CA Supreme Court, Coronavirus/COVID-19, Duty of Care, Employer Liability Issues, Take-Home Exposure

See all updates »

Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have…more

Amended Rules, Coronavirus/COVID-19, First Responders, Infectious Diseases, Rebuttable Presumptions

See all updates »

US Supreme Court Ruling Allows California Employers to Enforce Arbitration Agreements and Limit PAGA Claims

The United States Supreme Court's recent decision in Viking River Cruises v. Moriana, No. 20–1573 (June 15, 2022) benefits California employers as it will make it easier for them to enforce arbitration agreements related to…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Preemption, Private Attorneys General Act (PAGA)

See all updates »

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of…more

ADEA, Age Discrimination, Americans with Disabilities Act (ADA), California Consumer Privacy Act (CCPA), Civil Rights Act

See all updates »

Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave…more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

See all updates »

OSHA Guidance on Preparing to Return to Work Includes Recommendations for White Collar Businesses

The Occupational Health and Safety Act (the OHS) was signed into law in 1970 and established the Occupational Health and Safety Administration (OSHA), as part of the U.S. Department of Labor. Under the so-called "general duties"…more

Air Quality Standards, ASHRAE, Coronavirus/COVID-19, Employee Restrooms, Employer Liability Issues

See all updates »

Texas Governor Greg Abbott Issues Executive Order Prohibiting Mandatory Vaccination Policies

This week, Texas Governor Greg Abbott handed out the nation's most extensive ban against mandatory COVID-19 vaccination policies. Executive Order No. GA-40 prohibits any Texas employer from issuing COVID-19 mandates for…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Executive Orders

See all updates »

FAQs: Florida Requires Certain Employers to Use Federal E-Verify System to Confirm Employees are Legally Eligible to Work

Beginning on July 1, 2023, private employers in Florida with more than 25 employees will be required to use the federal E-Verify system for all new hires in order to verify that newly hired employees are legally authorized to…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

See all updates »

New York State 2024-2025 Budget Impact on Employers

On April 20, 2024, New York legislators approved the New York State 2024-2025 Budget. The Budget included three amendments to New York Labor Law affecting all New York employers…more

Employer Responsibilities, Paid Leave, Paid Time Off (PTO), Pregnancy, Reasonable Accommodation

See all updates »

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __ Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California…more

Affirmative Defenses, Burden of Persuasion, CA Supreme Court, Corporate Counsel, Employer Liability Issues

See all updates »

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections for…more

Breastfeeding, Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Lactation Accommodation

See all updates »

FTC Votes to Approve Rules Banning Noncompete Employment Agreements Nationwide

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts. The…more

Competition, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

See all updates »

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints About Systemic Workplace Concerns

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary…more

Employer Liability Issues, First Amendment, Hiring & Firing, Public Concern, Public Employees

See all updates »

New Amendment to New York Civil Rights Law Requires Employers to Provide Notice to Employees of Electronic Monitoring

A previously enacted amendment to the New York Civil Rights Law, effective May 7, 2022, requires employers to provide written or electronic notice to newly hired employees if the employer intends to monitor or intercept…more

Electronic Monitoring, Employee Monitoring, Employer Liability Issues, Employment Policies, Hiring & Firing

See all updates »

California Court of Appeal Rules Alleged Contractor Misclassification Not Enough to Justify Class Action

On Friday, March 12, 2021, the California Court of Appeal issued a ruling in Wilson v. The La Jolla Group that addresses the appropriate scope of class treatment for employee misclassification under Dynamex Operations West, Inc…more

ABC Test, Employee Definition, Employer Liability Issues, Independent Contractors, Labor Regulations

See all updates »

FTC Votes to Approve Rules Banning Noncompete Employment Agreements Nationwide

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts. The…more

Competition, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

See all updates »

SCOTUS Decides Title VII Protects LGBTQ+ Workers

In a historic 6-3 decision, the Supreme Court of the United States held that an employer who discriminates against an employee merely for being gay or transgender violates Title VII. 590 U. S. ____ (2020). This landmark decision…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employment Litigation

See all updates »

Illinois Supreme Court Affirms That Federal Labor Law Preempts Plaintiff's BIPA Claim

We share news of a significant defense victory before the Illinois Supreme Court in a claim involving the Illinois Biometric Information Privacy Act (BIPA). In a case argued by Hinshaw partner John Ryan, the Supreme Court handed…more

Biometric Information, Biometric Information Privacy Act, Collective Bargaining Agreements (CBA), Data Collection, IL Supreme Court

See all updates »

The 12 Days of California Labor and Employment Series – Day 12 "New Requirement for Workplace Violence Prevention Plan"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the twelfth and final day of our holiday series, my labor and…more

Cal-OSHA, California, Employee Training, Employment Policies, Enforcement

See all updates »

H-1B Cap Season is Quickly Approaching!

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization and gather the necessary…more

Foreign Nationals, Foreign Workers, H-1B, Immigration Procedures, USCIS

See all updates »

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA, NLRB

See all updates »

Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor Services…more

Employee Retirement Income Security Act (ERISA), Equal Pay, Illinois, NLRA, Preliminary Injunctions

See all updates »

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is Unconstitutional

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The…more

Compliance, Constitutional Challenges, Discrimination, Diversity, Employee Training

See all updates »

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is Unconstitutional

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The…more

Compliance, Constitutional Challenges, Discrimination, Diversity, Employee Training

See all updates »

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of…more

Department of Labor (DOL), Economic Realities Test, Employee Benefits, Employee Definition, Gig Economy

See all updates »

U.S. Department of Labor Issued its Final Rule on Classifying Workers as Employees or Independent Contractors

Earlier this week, the United States Department of Labor (DOL) issued a "final rule" providing guidance on the proper classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). The final…more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Final Rules, Independent Contractors

See all updates »

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize…more

Department of Labor (DOL), Employee Representatives, Fair Labor Standards Act (FLSA), Final Rules, Inspections

See all updates »

H-1B Cap Season is Quickly Approaching!

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization and gather the necessary…more

Foreign Nationals, Foreign Workers, H-1B, Immigration Procedures, USCIS

See all updates »

Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have…more

Amended Rules, Coronavirus/COVID-19, First Responders, Infectious Diseases, Rebuttable Presumptions

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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