After months of uncertainty over what aspect of employer DEI (or diversity, equity and inclusion) policies could be discriminatory, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ)...more
The new administration is making headlines with its intense focus on immigration-related matters. Recent Executive Orders have notably expanded the ability of the Department of Homeland Security and its affiliated agencies to...more
2/6/2025
/ Audits ,
Compliance ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employee Rights ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Raids ,
Trump Administration
In the first definitive ruling on the Federal Trade Commission’s Final Rule banning most noncompete agreements, the Texas federal judge that previously granted a preliminary injunction to temporarily block the Final Rule from...more
The Federal Trade Commission (FTC) issued a much-debated “Final Rule” earlier this year that banned most noncompete agreement nationwide. In support of its position, the FTC declared that such agreements are an “unfair method...more
A federal judge in Texas granted a preliminary injunction on June 28, 2024, barring the July 1, 2024, effect of a new U.S. Department of Labor (DOL) overtime regulation that would have increased the salary threshold for...more
7/5/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Salaried Employees ,
Texas ,
Wage and Hour ,
White-Collar Exemptions
In an expected but still potentially paradigm-shifting move for employers, the Federal Trade Commission (FTC) has issued a “Final Rule” banning most noncompete agreements nationwide. The FTC justified its position by...more
Effective December 31, 2023, Cook County’s new Paid Leave Ordinance (the Ordinance) will require employers to provide 40 hours of paid leave (i.e., leave that can be used for any reason) during a 12-month period. The...more
12/22/2023
/ Accrued Benefits ,
Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Illinois ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Posting Requirements ,
Rate of Pay ,
Recordkeeping Requirements ,
Sick Leave ,
Wage and Hour
The Chicago City Council has passed an amendment to the new Paid Leave and Paid Sick and Safe Leave Ordinance that delays its effective date from December 31, 2023, to July 1, 2024.
The new effective date grants...more
On August 30, 2023, the DOL announced a notice of proposed rulemaking that would increase the salary basis threshold under the Fair Labor Standards Act (FLSA) for “white collar” exemptions (executive, administrative and...more
12/14/2023
/ Bereavement Leave ,
Compensation & Benefits ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Illinois ,
Independent Contractors ,
Job Ads ,
Local Ordinance ,
Minimum Wage ,
Organ Donation ,
Paid Leave ,
Personnel Records ,
State Labor Laws ,
Temporary Employees ,
Transparency ,
Wage and Hour
On November 17, 2023, Gov. J.B. Pritzker signed HB3641, which delays the start date for the calculation of the 90 calendar days under the new equal pay and benefit section of the Illinois Day and Temporary Labor Services Act...more
On November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the Ordinance), which takes effect on December 31, 2023. The Ordinance will replace Chicago’s current Paid...more
11/20/2023
/ Accrual Requirements ,
Attendance ,
Caregivers ,
City of Chicago ,
Collective Bargaining ,
Covered Employees ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Popular ,
Posting Requirements ,
Private Right of Action ,
Sick Leave ,
Wage and Hour
On November 9, 2023, the Illinois General Assembly passed HB3641, which among other things, amends the start date for the calculation of the 90 calendar days under the new equal pay and benefit section of the Illinois Day and...more
Starting January 1, 2025, employers with 15 or more employees must include pay ranges in postings for jobs in Illinois. This new requirement, an Amendment to the Illinois Equal Pay Act, was signed into law by Illinois Gov....more
The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers.
Annual Salary Threshold for EAP Exemptions Increases to...more
9/1/2023
/ Comment Period ,
Department of Labor (DOL) ,
EAP ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Register ,
Highly Compensated Employees ,
Job Duties ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Rulemaking Process ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On August 2, 2023, the current version of the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc. and Teamsters Local 628 (Stericycle) that again shifts its position on employer work rules or other...more
A bill significantly increasing the rights in Illinois of temporary workers and requiring temporary staffing agencies and their third-party clients to strengthen safety protocols has been signed into law by Gov. J.B. Pritzker...more
8/8/2023
/ Employee Training ,
Equal Pay ,
Governor Pritzker ,
Illinois ,
Labor Disputes ,
Proposed Legislation ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Third-Party ,
Wage and Hour ,
Workplace Safety
The U.S. Citizenship and Immigration Service (USCIS) has announced that employers must use new Form I-9 (Rev. 08/01/23) (the “New Form I-9”) by November 1, 2023. USCIS also has issued a new rule that permits employers to use...more
The U.S. Supreme Court last month clarified the standard for when an employee’s request for a religious accommodation imposed an “undue hardship” on an employer. Before this most recent decision (Groff v. Dejoy), employers...more
A bill significantly increasing the rights of temporary workers and requiring temporary staffing agencies and their third-party clients to strengthen safety protocols was passed on June 16, 2023, by the Illinois General...more
7/18/2023
/ Employee Training ,
Equal Pay ,
Governor Pritzker ,
Illinois ,
Labor Disputes ,
Proposed Legislation ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Third-Party ,
Wage and Hour ,
Workplace Safety
The U.S. Supreme Court recently held that a rig oil worker paid at a daily rate that amounted to $200,000 annually was entitled to overtime pay because he was not paid on a “salary basis” as required by the Fair Labor...more
On March 13, 2023, Illinois became only the third state to mandate paid time off for all workers in the state when it enacted the Paid Leave for All Workers Act. The act is effective January 1, 2024.
Under the act, covered...more
The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on COVID-19 (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws) to address when COVID-19 might be...more
The Acting Associate General Counsel of the National Labor Relations Board (NLRB) recently published a memorandum addressing the types of bargaining obligations under the National Labor Relations Act (NLRA) that may arise out...more
On Monday, October 25, the EEOC issued the much-anticipated update to its COVID-19 guidance (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws). The update again addresses how...more
10/26/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Beliefs ,
Religious Discrimination ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
Infectious disease experts have a saying: Vaccines don’t save lives, vaccinations do. As vaccinations are now widely available, and with the Biden Administration’s goal of 70% of adults at least initially vaccinated by July 4...more
6/10/2021
/ Coronavirus/COVID-19 ,
EEO ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety