On Nov. 13, 2024, in Gregg v. Central Transport LLC, the U.S. District Court for the Northern District of Illinois confirmed that Public Act 103-0769 (previously Senate Bill 2979), which amends Illinois’ Biometric Information...more
A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more
On April 17, 2024, the United States Supreme Court handed down its decision in Muldrow v. City of St. Louis, Missouri, holding that while an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964...more
The Federal Trade Commission’s April 23 final rule banning most non-competes for workers in the United States, including clinical and non-clinical employees in the healthcare industry, undoubtedly will raise questions from...more
On April 15, 2024, the Equal Employment Opportunity Commission released the long-awaited final regulations implementing the Pregnant Workers Fairness Act (PWFA). The regulations are set to be published in the Federal Register...more
Defendants have long argued that Private Attorneys General Act (PAGA) claims can be unwieldy and that courts should strike such claims where individual issues make them unmanageable. In Estrada v. Royalty Carpet Mills, Inc.,...more
The U.S. Department of Labor published a final rule Jan. 9, 2024, on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). The rule...more
On Nov. 9, 2023, the Chicago City Council passed the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, effective Dec. 31, 2023. The new ordinance substantially changes prior leave requirements for nearly all...more
On Aug. 4, 2023, Illinois Gov. J.B. Pritzker signed House Bill 2862 / Public Act 103-437 (the amendment), making significant changes to Illinois’ Day and Temporary Labor Services Act. Illinois’ Department of Labor (DOL)...more
Illinois and Hawaii will join several states — including New York, California, Washington and Colorado — in requiring increased pay transparency in job postings. These changes will further affect how employers recruit and...more
On March 13, 2023, Illinois Gov. J. B. Pritzker signed into law the Paid Leave for All Workers Act (the Act), the first statewide paid leave law in Illinois. The law expands paid leave beyond Cook County and Chicago’s paid...more
On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The new law invalidates pre-dispute arbitration agreements and class and collective waivers for sexual...more
On Sept. 22, 2021, Governor Gavin Newsom signed Assembly Bill 701 (AB 701). Effective Jan. 1, 2022, it will become the first state law of its kind to regulate and set parameters around the use of production quotas at...more
2021 is shaping up to be a groundbreaking year for employment litigation topics, and Illinois’ Biometric Information Privacy Act (BIPA) is no exception. State and federal appellate courts in Illinois are poised to decide...more
On Jan. 15, 2021, the U.S. Equal Employment Opportunity Commission published updated guidance to its Compliance Manual on Religious Discrimination. The revised guidance, the first substantial update since 2008, came just five...more
Even while imposing “shelter in place” orders, the vast majority of states have authorized and encouraged essential businesses to remain open. As states relax their restrictions in the coming weeks and months, non-essential...more
Recent amendments to the Illinois Equal Pay Act became effective Sept. 29, 2019. Illinois employers are now prohibited from seeking or inquiring about a job applicant’s wage or salary history with any current or former...more
Employers can breathe a collective sigh of relief in light of the recent en banc holding of the 7th U.S. Circuit Court of Appeals in Kleber v. CareFusion Corporation. In Kleber, the full 7th Circuit vacated a 2018 panel...more
The U.S. Supreme Court’s May 21, 2018, decision in Epic Systems, Inc. v. Lewis handed a major victory to employers in holding that arbitration agreements containing class action waivers do not violate the National Labor...more
On April 26, 2018, in Kleber v. CareFusion Corporation, the 7th U.S. Circuit Court of Appeals held that job applicants can pursue age discrimination claims under a disparate impact theory and that a practice of excluding job...more
The 7th U.S. Circuit Court of Appeals, in deciding Hively v. Ivy Tech Community College on April 4, 2017, became the first federal appellate court to conclude that Title VII of the Civil Rights Act of 1964 prohibits workplace...more
Employers who implement bonus programs to attract and retain key employees may be bound to the terms of those programs, the 8th U.S. Circuit Court of Appeals recently held. In Boswell v. Panera, LLC, the court affirmed that...more
Illinois’ stringent Biometric Information Privacy Act (BIPA) has spawned a slew of recent single-plaintiff and class actions with large potential damages. Increasingly, employers use biometric data for timekeeping, security,...more
On April 4, 2017, the 7th U.S. Circuit Court of Appeals became the first federal appellate court to conclude that workplace discrimination based on sexual orientation is sex discrimination and violates Title VII of the Civil...more