Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay...more
On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more
California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political...more
On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their...more
On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Data Protection ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Title VII
Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”)....more
Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more
4/9/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Employer Liability Issues ,
Genetic Testing ,
Hiring & Firing ,
Job Applicants ,
Medical History ,
Penalties ,
Timekeeping
What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule?
On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more
1/20/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Supreme Court issued a landmark decision on Monday, holding that Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of “sex,” bars employers from discriminating based on an employee’s...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Employers recently received a favorable ruling when a federal district court in Wisconsin held that a retail store was not required to re-arrange shifts to accommodate an applicant’s religious beliefs....more
According to data from the Equal Employment Opportunity Commission ("EEOC"), in 2018, 6.9% of all sexual harassment charges submitted to the EEOC were filed in Illinois, representing the third highest concentration for any...more
On October 8, 2019, the Department of Labor ("DOL") issued long awaited rules that could have a significant impact in the restaurant industry. The proposed rules would broaden employers' abilities pay tip credit wages for...more
Wages -
Employers frequently face a rash of absences and call-offs in the wake of a natural disaster. Generally, whether a business is required to pay an employee who misses work depends on whether the employee is exempt...more
On August 8, 2019, the Minneapolis City Council unanimously passed the Wage Theft Prevention Ordinance, which reinforces safeguards for the city’s labor force....more
Chicago recently joined a growing trend when City Council approved one of the broadest predictive scheduling laws in the country. The Chicago Fair Workweek Ordinance, which was passed on July 24, 2019, will go into effect...more
Last week, the Illinois legislature passed a landmark bill authorizing recreational marijuana. Shortly thereafter, Governor J.B. Pritzker tweeted that he looks forward to signing the bill into law. ...more
On Thursday, February 14, 2018, lawmakers introduced a bipartisan bill that would make it easier for workers to bring discrimination claims under the Age Discrimination in Employment Act ("ADEA"), the federal statute that...more
On February 19, 2019, Illinois Governor J.B. Pritzker officially signed a bill that will raise the minimum wage in Illinois to $15 by 2025. The state's current minimum wage is $8.25, a level that has remained stagnant since...more
With 2019 officially underway, now is a prudent time for employers to review their personnel policies and practices, as well as to ensure they are compliant with many new laws....more
On January 1, 2019, a recent addition to the Illinois Wage Payment and Collection Act (IWPCA) will take effect, imposing a new burden on Illinois employers.
The IWPCA, which generally governs the payment of wages and final...more