For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...more
As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC...more
6/2/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Standards ,
Unions
Following the official ending of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (“EEOC”) released a number of key updates to its COVID-19 technical assistance document, “What you Should...more
Happy New Year! Several employment laws became effective January 1, 2023, and our team at Franczek P.C. has compiled them in its new Labor & Employment Law Legislative Update, focused on new laws in effect in 2023. The new...more
1/10/2023
/ Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Hairstyle Discrimination ,
Illinois ,
Labor Reform ,
Labor Relations ,
Minimum Wage ,
State Constitutions ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Work Schedules
The U.S. Equal Employment Opportunity Commission (EEOC) just released an updated ‘Know Your Rights: Workplace Discrimination is Illegal’ poster, which supersedes its earlier ‘EEOC is the Law’ poster. The poster summarizes...more
As previously reported, the City of Chicago has adopted several substantive amendments to the sexual harassment provisions of the Chicago Human Rights Ordinance, including new posting, policy and training requirements. The...more
7/5/2022
/ #MeToo ,
Corporate Culture ,
Employees ,
Employer Liability Issues ,
Human Rights ,
Illinois ,
Labor Reform ,
Local Ordinance ,
New Amendments ,
Regulatory Requirements ,
Sexual Harassment
On April 27, 2022, the Chicago City Council approved several substantive amendments to the sexual harassment provisions of the Chicago Human Rights Ordinance. The amendments impose new and expanded harassment training...more
6/7/2022
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Human Rights ,
Illinois ,
Labor Reform ,
Local Ordinance ,
New Amendments ,
Sexual Harassment
In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...more
1/14/2022
/ 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 ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
12/22/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, November 16, the Occupational Safety and Health Administration (OSHA) announced that it is suspending all implementation and enforcement efforts related to the emergency temporary standard (ETS) on mandatory...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Employees ,
Public Health Emergency ,
Public Schools ,
Public Sector ,
Regulatory Agenda ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Thursday, the U.S. Occupational Health and Safety Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring employers with 100 or more employees to mandate vaccinations or weekly testing...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. ...more
3/29/2021
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
New Legislation ,
State and Local Government ,
State Labor Laws
OSHA has launched a national emphasis program to protect high-risk workers from COVID-19 hazards. The program also prioritizes for OSHA inspection employers that retaliate against workers who complain about unsafe conditions....more
In week six, the Administration’s labor and employment activity includes a major roadblock to the $15 federal minimum wage increase, an extension of unemployment benefits by the DOL, and unexpected silence by the...more
3/1/2021
/ Amazon Marketplace ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
Unemployment Insurance ,
Unions ,
Wage and Hour
In anticipation of Valentine’s Day, SHRM published an article highlighting a new survey on office romances. Among the key findings of the survey: 34% of employees are or have been in a workplace romance, compared to 26% in...more
On his second day in the Oval Office, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Occupational Health and Safety Administration (OSHA) to intensify its efforts to protect...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) expanded on its COVID-19 Q&A guidance to address the interplay of vaccines with employment discrimination laws. While the agency confirms that...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
As if employers aren’t already tested managing the challenges of the pandemic, on September 30, OSHA updated its COVID-19 Frequently Asked Questions to remind employers about their duty to report and record COVID-19 related...more
10/6/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Labor Regulations ,
Occupational Exposure ,
OSHA ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Sick Employees ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
Last summer, the Illinois General Assembly enacted SB75, which among other mandates, requires all Illinois employers to provide annual anti-harassment training to their employees. Illinois employers have until December 31,...more
As previously reported, the Illinois Human Rights Act was amended to require employers to report adverse judgments and administrative rulings in cases involving sexual harassment or unlawful discrimination to the Illinois...more
The U.S. Equal Employment Opportunity Commission (EEOC”) has updated its technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” to include additional...more
9/25/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) recently developed a COVID-19 Frequently Asked Questions (FAQs) document to provide a central location for commonly asked questions concerning steps employers can take...more
On July 2, 2020, the City of Chicago issued Public Health Order 2020-10, which requires persons entering the City of Chicago from certain states to self-quarantine for a period of 14 days. Additional details are included in a...more
7/7/2020
/ City of Chicago ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Essential Workers ,
Exceptions ,
Families First Coronavirus Response Act (FFCRA) ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Local Ordinance ,
Operators of Essential Services ,
Quarantine ,
Traveling Employee
In Field Assistance Bulletin No. 2020-4, issued June 26, 2020, the United States Department of Labor, Wage and Hour Division, recognized a number of ways an employee can establish eligibility for Family First Coronavirus...more
7/1/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Field Assistance Bulletins ,
Paid Leave ,
School Closures ,
Sick Leave ,
Summer Camps
As all four regions of the State of Illinois work toward entering Phase 4 of the Restore Illinois Plan on June 26, 2020, Illinois Governor JB Pritzker released new guidelines to help businesses and other activities safely...more