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Governor Pritzker Vetoes HB 2778; Announces Collaborative Initiative to Provide Paid Leave for Vaccinated School District, Public...

Illinois Governor J.B. Pritzker released an official statement this week vetoing HB 2778 and announcing in its place a joint initiative reflecting a compromise with the Illinois Federation of Teachers, the Illinois Education...more

General Assembly Passes Legislation For COVID-19-Related Paid Administrative Leave For School and Public College and University...

On October 28, the Illinois General Assembly passed legislation that, if signed by Governor Pritzker, will provide mandatory paid administrative leave for school and Illinois public college and university employees for...more

Illinois Community Colleges Cannot Replace Laid Off Tenured Faculty with Adjuncts

On December 17, 2020, the Illinois Supreme Court ruled that a community college violated the Illinois Public Community College Act when it replaced laid off tenured faculty members  with adjunct faculty. The case addressed...more

UPDATE: IDES Releases Much-Anticipated Guidance on Non-Instructional Support Staff Employees Who Are Eligible for Unemployment...

As we previously reported, certain non-instructional, non-administrative school term employees are now be eligible for unemployment compensation this summer. ...more

NLRB Finds Employers Do Not Have Bargain Discipline with a Newly Certified Union Prior to the Signing of an Initial Contract

On Tuesday, the National Labor Relations Board (NLRB) in 800 River Road Operating Company, LLC d/b/a Care One at New Milford,  (Care One) issued a decision overturning the controversial Total Security Management decision....more

YES: Non-Instructional Support Staff Employees May Be Eligible for Unemployment This Summer

As you may have heard already, as part of the legislation (HB2455) signed by Governor Pritzker on June 5, 2020, certain non-instructional, non-administrative school term employees (commonly referred to as 10-month employees)...more

NLRB Emphasizes Employee Free Choice in Additional Amendments to “Quickie Election” Rules

On April 1, 2020, the National Labor Relations Board (NLRB) finalized a series of highly anticipated additional amendments to its union election procedures. The final rule, which can be found here targets the following three...more

DOL Issues Guidance Regarding Application of Unemployment Provisions of the CARES Act

Over the weekend, the U.S. Department of Labor (“DOL”) published two separate guidance documents, Unemployment Insurance Program Letters (UIPLs) 15-20 and 16-20, which provide information related to two separate programs...more

The Illinois Department of Employment Security (IDES) Emergency Rules Summary

The Illinois Department of Employment Security (IDES) recently adopted emergency rules in response to the COVID-19 virus. Below are a few highlights to assist employers with their response plans. This is only an overview of...more

Post-Janus Legislation Weakens Impact of Supreme Court’s Decision and Imposes Heightened Requirements on Public and Educational...

Senate Bill 1784, which passed both houses of the General Assembly and currently is awaiting the Governor’s signature, contains several provisions that weaken the impact of the United States Supreme Court’s Janus decision and...more

No Solicitation: NLRB Decision Allows Employers to Prohibit Union Solicitation in the Workplace

On June 14, 2019, the National Labor Relations Board (the “Board”) overturned its long-standing ‘public spaces’ exception that allowed nonemployee union representatives access to employer-owned public spaces so long as those...more

Judge Reinstates EEO-1 Wage Data Reporting Requirement

On March 4, 2019, a federal court reinstated an Obama-administration rule requiring that private employers with 100 or more employees submit information on their workers’ wages and hours, broken down by race, sex, and...more

The Duty of Fair Representation for Public Sector Unions in the Wake of Janus. A Recent District Court Ruling May Signal Change

On February 22, 2018, in anticipation of the Supreme Court’s ruling in Janus that fair share fees for public sector employees are unconstitutional, the International Union of Operating Engineers, Local 150, filed a lawsuit...more

Another Obama-Era NLRB Precedent Bites the Dust: A Swing Back Toward the Importance of “Entrepreneurial Opportunity” in...

On January 25, 2019, the National Labor Relations Board (“NLRB”) issued its decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union, overturning the Obama-era decision in FedEx Home Delivery, which downplayed the...more

BREAKING: Supreme Court Rules “Fair Share Fees” Unconstitutional

As widely anticipated, the U.S. Supreme Court just held by a 5-4 vote that fair share agreements are unconstitutional. (Janus v. AFSCME). The decision is effective immediately and requires all public bodies to cease...more

Some Public Bodies May Now Post Prevailing Wage Rates Electronically

According to the Prevailing Wage Act, in June of each year, all public bodies are required to investigate and ascertain the prevailing rate of wages within their jurisdiction and take action to publicly post those...more

After Oral Argument: Public Sector “Fair Share Fees” on Thin Ice

As we previously reported, in July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees....more

A New Push to Organize Graduate Students at Private Colleges and Universities? Four Major Unions Announce a Coalition on Higher Ed...

On March 14, 2018, leaders from the Service Employees International Union, the United Auto Workers, the American Federation of Teachers, and UNITE HERE announced a new coalition to organize graduate students at private...more

National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard

Yesterday, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors. In Hy-Brand, issued in December, the Board overturned the controversial joint employer standards...more

The Winds Keep Blowing: Miscimarra’s Final Days with the NLRB Produce More Change for Employers

Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the...more

Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial “Quickie Election”...

Because the National Labor Relations Board (NLRB) is made up of members appointed by the President, Board law shifts as administrations change. Recently, the U.S. Senate confirmed two Republicans to the Board, resulting in a...more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information...more

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...more

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