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Restrictions on Hiring Personnel with Criminal Histories in the Insurance Industry

Over the last several years, federal and state governments have pushed employers to reemploy offenders, such as through tax incentives and subsidized training. Despite the public interest in such initiatives and programs, the...more

Immigration Considerations for Insurance Companies

Insurance companies require innovative immigration strategies to remain competitive in the global marketplace. From moving business leaders around the world to onboarding talent, understanding visa processes and compliance is...more

Several States are Increasing Penalties for Enforcing Non-Compete Agreements

As non-competition laws and the scrutiny of non-compete agreements continue to be in the spotlight, several states are revisiting their non-compete laws. Colorado has been in the spotlight after the Colorado Legislature...more

Illinois Supreme Court: BIPA Claims Not Barred By Workers’ Compensation Act

Companies with Illinois employees have been bombarded with class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA) over the last several years. These lawsuits generally allege that employers have not...more

Illinois Appellate Court Specifies BIPA Accrual of Statute of Limitations

On December 15, 2021, the First District of the Illinois Appellate Court decided a heavily litigated issue under the Illinois Biometric Information Privacy Act (BIPA): When does the statute of limitations to file suit under...more

Insurance Agents as Independent Contractors: Best Practices To Preserve This Status

There are multiple benefits to insurance companies from utilizing an independent contractor model with its insurance agents. These include, for example, typically not having to supply office space, equipment or benefits, as...more

EPL Policy Triggers Duty to Defend Employment-Related Biometric Information Privacy Act Claims

For the last several years, the plaintiff’s bar has been bombarding companies doing business in Illinois with class action claims under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq. Generally...more

Illinois Appellate Court Clarifies BIPA Statutes of Limitations

On September 17, 2021, the First District of the Illinois Appellate Court — which covers appeals from Cook County, Illinois — addressed a hotly contested issue under the Illinois Biometric Information Privacy Act (BIPA):...more

Exam-Proctoring Software Targeted in New Wave of BIPA Class Action Litigation

Over the last several years, class action lawsuits filed under the Illinois Biometric Information Privacy Act (BIPA) have proliferated. These lawsuits have tended to come in waves: from claims involving consumer-facing...more

EEOC Guidance Regarding COVID-19 Vaccinations

On December 16, 2020, the United States Equal Employment Opportunity Commission (EEOC) issued guidance for employers regarding mandatory COVID-19 vaccinations and potential implications under the Americans with Disabilities...more

Top Four Considerations for Employers Seeking to Enforce Restrictive Covenants During a Global Pandemic

The global coronavirus pandemic has had a multitude of effects on how employers conduct business and manage their workforces. But as employees start to return to work, employers must be mindful of how to address those who...more

Coronavirus Lawsuits on the Horizon: Termination and Discrimination

As the COVID-19 pandemic spread throughout the country, many employers responded to this unprecedented and uncertain situation by furloughing and laying off some or all of their workforce. These actions already have spurred...more

Seventh Circuit: BIPA Claims Can Be Heard in Federal Court

Class action litigation under the Illinois Biometric Information Privacy Act (BIPA) has exploded over the last several years. An ongoing issue has been the proper forum for such cases, namely whether there is constitutional,...more

Families First Coronavirus Response Act FAQ (Updated)

Updated as of April 8, 2020 - The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, and took effect on April 1, 2020. The FFCRA provides temporary relief to eligible employees affected...more

COVID-19: Considerations for Employee Testing

The COVID-19 pandemic presents unprecedented challenges for any employer seeking to provide a healthy working environment. To help mitigate some of the uncertainty, on March 18, 2020, the EEOC issued updated guidance for...more

Families First Coronavirus Response Act FAQ

The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, and will go into effect on or before April 2, 2020. The FFCRA creates obligations for many employers to provide temporary relief to...more

Doing Business in Illinois? Two BIPA Developments Should Be on Your Radar

Class action lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA) continue to flood court dockets. These cases typically allege failure to comply with various procedural requirements, such as notice...more

Facebook Gets Tagged: Ninth Circuit Greenlights Class Action Trial Under BIPA

Class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA) continue to flood courts’ dockets. In a case against Facebook related to use of an alleged facial recognition technology in...more

Employers: Review Anti-Discrimination Policies as Supreme Court Addresses Title VII Scope

What constitutes discrimination “because of sex”? The Supreme Court is going to decide. On April 22, 2019, the highest court agreed to hear three cases that collectively address whether sex discrimination, prohibited under...more

Employers: Proposed Rule Change Could Make Over a Million Workers Eligible for Overtime

Employers should begin preparing for the potential for an increased minimum salary threshold that would make more than a million white-collar workers eligible for overtime pay starting in 2020. On March 7, 2019, the...more

Illinois Employers: Prepare Now for Minimum Wage Hikes Starting in 2020

Illinois employers should prepare to increase their minimum wages where necessary, and adjust applicable overtime rates, now that Illinois has become one of five states (joining California, Massachusetts, New Jersey and New...more

Illinois Supreme Court Rules No Actual Harm Necessary Under Illinois Biometric Information Privacy Act

On Friday, January 25, 2019, the Illinois Supreme Court issued its highly anticipated decision in Rosenbach v. Six Flags Entertainment Corp, et al., 2019 IL 123186 (Ill. Jan. 25, 2019). The Court concluded that a private...more

Illinois Appellate Court Reinstates Biometric Information Privacy Act Class Action

On September 28, 2018, the Illinois Appellate Court’s First District issued an opinion reinstating a previously dismissed class action under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. (BIPA). The...more

Eleventh Circuit Determines Written Consent is Sufficient for FLSA Party Status

On Wednesday, April 18, 2018, the Eleventh Circuit held — in a case of first impression in every circuit — that an “opt-in” plaintiff need only file a written consent to become a party-plaintiff under the Fair Labor Standards...more

Proposed Bill Targets Arbitration of Sex Discrimination and Harassment Claims, Threatens Arbitration of Any Employment Disputes

A bipartisan bill introduced in Congress this week seeks to make it illegal for employers to enforce mandatory, pre-dispute arbitration agreements with employees alleging workplace sexual harassment or other sex-based...more

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