With the COVID-19 pandemic, employers generally had broad discretion to require employees to take COVID-19 tests before entering the workplace. However, the Equal Employment Opportunity Commission (“EEOC”) has recently...more
Amendments to Chicago Ordinance Impose Additional Obligations Relating to the Prevention of Sexual Harassment -
As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers...more
7/7/2022
/ Amended Legislation ,
Bereavement Leave ,
Compliance ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Human Rights ,
Local Ordinance ,
Posting Requirements ,
Sexual Harassment ,
State Labor Laws ,
Training Requirements ,
Work Schedules
2021 was an active year for trade secret and restrictive covenant law. 28 states introduced a total of 68 restrictive covenant bills, the United States Senate re-examined two prior restrictive covenant bills, and President...more
12/3/2021
/ Antitrust Division ,
Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
Trade Secrets
On September 24, 2021, the Safer Federal Workforce Task Force issued its “Guidance for Federal Contractors and Subcontractors,” (the “Guidance”) setting forth the COVID-19 safeguards that are to be required of federal...more
9/27/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Masks ,
Prime Contractor ,
Reasonable Accommodation ,
Religious Accommodation ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed executive orders that will require that all federal executive branch workers to be vaccinated for COVID-19 (the “Federal Employee Order”) and that this standard be extended to...more
On September 9, 2021, President Biden announced his administration’s “action plan” for finding a “path out of the pandemic.” President Biden has directed OSHA to develop a rule that will require all employers with 100 or more...more
9/10/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Health and Safety ,
Healthcare Facilities ,
Hospitals ,
Infectious Diseases ,
Masks ,
Nursing Homes ,
OSHA ,
Private Sector ,
Rulemaking Process ,
Vaccinations ,
Workplace Safety
Benesch previously informed its clients about the significant changes made to Illinois restrictive covenants law by the Illinois legislature in the waning moments of its most recent legislative session. These changes include,...more
On August 13, 2021, the U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. OSHA’s latest guidance is...more
8/19/2021
/ Code of Federal Regulations (CFR) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Guidance Update ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Recordkeeping Requirements ,
Reporting Requirements ,
Social Distancing ,
Tax Credits ,
Vaccinations ,
Workplace Safety
On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more
8/10/2021
/ Anti-Competitive ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Insurance Industry ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Technology Sector
At the end of the legislative session, the Illinois legislature amended the “Illinois Freedom to Work Act” in a manner that dramatically alters the landscape of Illinois Restrictive Covenant Law. Perhaps by design, there was...more
As vaccines for the Covid-19 virus have become more abundant and available for U.S. citizens, states and cities have started to enact protections for employees in order to facilitate vaccinations. Some of these new laws make...more
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law SB 1480, which specified new obligations for employers, as detailed in a recent alert. Now that SB 1480 has been signed into law, employers should implement...more
3/31/2021
/ Amended Legislation ,
Background Checks ,
Criminal Background Checks ,
EEO-1 ,
Employer Responsibilities ,
Equal Pay ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights ,
Pay Data ,
Reporting Requirements ,
State Labor Laws
With the new year, it is important for employers to keep in mind several laws that are newly applicable and a recent court opinion. Also, currently pending legislation, likely to be enacted soon, will create additional...more
2/16/2021
/ Americans with Disabilities Act (ADA) ,
EEO-1 ,
Employer Responsibilities ,
Equal Pay ,
Fair Workweek ,
Hiring & Firing ,
Human Rights ,
New Legislation ,
Reasonable Accommodation ,
Reporting Requirements ,
State Labor Laws
States and municipalities continue to take action to fill in the gaps left by federal legislation providing leave, including for reasons related to the ongoing COVID-19 pandemic. New York, New Jersey, and the City of...more
States continue to take action to fill in the gaps left by federal legislation providing leave for reasons related to the ongoing COVID-19 pandemic. California and Oregon have taken such action in recent months by expanding...more
12/15/2020
/ BOLI ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employee Benefits ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Paid Family Leave Law ,
Paid Leave ,
Public Health Emergency ,
Relief Measures ,
Sick Leave ,
Sick Pay
Last year, the Illinois Workplace Transparency Act went into effect, which amended the Illinois Human Rights Act (the “IHRA”). The IHRA now requires that all employers with one or more employees in Illinois provide sexual...more
On November 19, 2020, California’s Occupational Safety and Health Standards Board (“OSHSB”) voted unanimously to pass an emergency COVID-19 regulation that will impose new obligations on California employers. The 21-page...more
On March 31, 2021, and by March 31 of each subsequent year, California employers that employ 100 or more employees and are required to file an annual Employer Information Report (EEO-1) with the Equal Employment Opportunity...more
10/28/2020
/ Bureau of Labor Statistics ,
Cal-OSHA ,
DFEH ,
EEO-1 ,
Equal Pay ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Data ,
Pay Equity Laws ,
State Labor Laws ,
Wage and Hour
In previous guidance, the EEOC made clear that employers could administer a test to detect the presence of COVID-19 in their workforce prior to permitting entry into the workplace. The testing must be “job related and...more
After shut-downs due to the COVID-19 pandemic, many businesses around the country are now in the process of reopening their doors and requiring that employees return to the physical workplace. Because COVID-19 cases continue...more
The State of Illinois and the City of Chicago have enacted several employment laws that will take effect on July 1, 2020. Employers with employees in Illinois or Chicago should take note of the following laws in order to...more
In previous guidance, the EEOC permitted employers to administer a test to detect the presence of COVID-19 in their workforce prior to permitting entry into the workplace - with the caveat that any employee testing had to be...more
In preparation for welcoming employees back, the EEOC is encouraging employers to provide workers with instructions on applying for reasonable accommodations in advance of workplace doors re-opening so that the interactive...more
Certain states, including Illinois, have imposed mandatory harassment training requirements in 2020. Other laws not to overlook in this new working environment include state laws governing video interviews and local sick...more
In 1996, California became the first state in the country to legalize cannabis use when voters approved the formation of a medical cannabis program. By May 2020, only two states permit no cannabis use at all. With the advent...more