Author Info for Hinshaw & Culbertson - Employment Law Observer

Kelechi Ajoku

EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides updates and agency direction on workplace harassment… more

Age Discrimination, Anti-Harassment Policies, Disability Discrimination, Employee Training, Employer Liability Issues

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Anthony Antognoli

Reviewing Employer Health Plan Coverages in the Post-Roe Era

With the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, employers should review their employee benefit plans and assess their options and obligations in offering group health plan… more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Assistance Programs, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Alexander Baggio

DOL Proposes Increases in Exempt Employee Salary and Annual Compensation Requirements

On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to update and revise the salary requirements under the Fair Labor Standards Act (FLSA) for exemptions from minimum wage and… more

Compensation, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Wage and Hour

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V. Brette Bensinger

Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave… more

Accrual Requirements, Carryover Basis, City of Chicago, Compliance, Covered Employees

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William Bogdan

A Pair Beats Four of a Kind: Take-Home COVID and the 'Rowland' Duty Factors

Repeatedly, people would make these and other more colorful comments whenever I would describe my case pending before the California Supreme Court: Because a construction worker swore the only place he could have contracted… more

CA Supreme Court, Coronavirus/COVID-19, Duty of Care, Employer Liability Issues, Take-Home Exposure

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Peter Carlson

Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have… more

Amended Rules, Coronavirus/COVID-19, First Responders, Infectious Diseases, Rebuttable Presumptions

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Katherine Cheng Arnold

US Supreme Court Ruling Allows California Employers to Enforce Arbitration Agreements and Limit PAGA Claims

The United States Supreme Court's recent decision in Viking River Cruises v. Moriana, No. 20–1573 (June 15, 2022) benefits California employers as it will make it easier for them to enforce arbitration agreements related to… more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Preemption, Private Attorneys General Act (PAGA)

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David Ian Dalby

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of… more

ADEA, Age Discrimination, Americans with Disabilities Act (ADA), California Consumer Privacy Act (CCPA), Civil Rights Act

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Aimee Delaney

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule… more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Edward Donohue III

OSHA Guidance on Preparing to Return to Work Includes Recommendations for White Collar Businesses

The Occupational Health and Safety Act (the OHS) was signed into law in 1970 and established the Occupational Health and Safety Administration (OSHA), as part of the U.S. Department of Labor. Under the so-called "general duties"… more

Air Quality Standards, ASHRAE, Coronavirus/COVID-19, Employee Restrooms, Employer Liability Issues

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Kyle Ferachi

Texas Governor Greg Abbott Issues Executive Order Prohibiting Mandatory Vaccination Policies

This week, Texas Governor Greg Abbott handed out the nation's most extensive ban against mandatory COVID-19 vaccination policies. Executive Order No. GA-40 prohibits any Texas employer from issuing COVID-19 mandates for… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Rebekah González

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for employers… more

Compliance, Employer Liability Issues, Employer Responsibilities, Employment Authorization Documents (EAD), Federal Labor Laws

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Andrew Gordon

FAQs: Florida Requires Certain Employers to Use Federal E-Verify System to Confirm Employees are Legally Eligible to Work

Beginning on July 1, 2023, private employers in Florida with more than 25 employees will be required to use the federal E-Verify system for all new hires in order to verify that newly hired employees are legally authorized to… more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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Jeffrey Edward Hall

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __ Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California… more

Affirmative Defenses, Burden of Persuasion, CA Supreme Court, Corporate Counsel, Employer Liability Issues

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Linda Horras

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections for… more

Breastfeeding, Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Lactation Accommodation

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Tom Luetkemeyer

How Employers Will Be Impacted by President Trump's Executive Order Revoking Long-standing Affirmative Action Obligations of Federal Contractors

On January 21, 2025, President Donald Trump signed an Executive Order titled "Ending Illegal Discrimination And Restoring Merit-Based Opportunity" (Order). The Order revoked several previous Executive Orders, including Executive… more

Affirmative Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Opportunities

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Ambrose McCall

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints About Systemic Workplace Concerns

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary… more

Employer Liability Issues, First Amendment, Hiring & Firing, Public Concern, Public Employees

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Concepcion Montoya

New Amendment to New York Civil Rights Law Requires Employers to Provide Notice to Employees of Electronic Monitoring

A previously enacted amendment to the New York Civil Rights Law, effective May 7, 2022, requires employers to provide written or electronic notice to newly hired employees if the employer intends to monitor or intercept… more

Electronic Monitoring, Employee Monitoring, Employer Liability Issues, Employment Policies, Hiring & Firing

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Marcos Reilly

FTC Votes to Approve Rules Banning Noncompete Employment Agreements Nationwide

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts. The… more

Competition, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Vincent Rizzo

SCOTUS Decides Title VII Protects LGBTQ+ Workers

In a historic 6-3 decision, the Supreme Court of the United States held that an employer who discriminates against an employee merely for being gay or transgender violates Title VII. 590 U. S. ____ (2020). This landmark decision… more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employment Litigation

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John Ryan

Illinois Supreme Court Affirms That Federal Labor Law Preempts Plaintiff's BIPA Claim

We share news of a significant defense victory before the Illinois Supreme Court in a claim involving the Illinois Biometric Information Privacy Act (BIPA). In a case argued by Hinshaw partner John Ryan, the Supreme Court handed… more

Biometric Information, Biometric Information Privacy Act, Collective Bargaining Agreements (CBA), Data Collection, IL Supreme Court

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Mellissa Schafer

The 12 Days of California Labor and Employment Series – Day 12 "Agricultural Employees Given Another Reason to Use Sick Leave"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the twelfth day of the holidays, my labor and… more

Agribusiness, Agricultural Workers, California, Employees, Employer Liability Issues

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William Schiller

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for employers… more

Compliance, Employer Liability Issues, Employer Responsibilities, Employment Authorization Documents (EAD), Federal Labor Laws

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Jack Shadid

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating… more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, NLRA, NLRB

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Morgan Spector

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is Unconstitutional

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The… more

Compliance, Constitutional Challenges, Discrimination, Diversity, Employee Training

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Lauren Swanson

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but… more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Corey Swinick

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of… more

Department of Labor (DOL), Economic Realities Test, Employee Benefits, Employee Definition, Gig Economy

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Amanda Teske

Minnesota Employers Must Comply With Expanded Meal and Rest Break Requirements Beginning in January 2026

On June 14, 2025, Governor Walz signed into law amendments to Minnesota’s meal and rest break requirements, which go into effect on January 1, 2026. The amendments can be found at Minnesota Statutes §§ 177.253 and 177.254… more

Compliance, Employee Rights, Employees, Employer Responsibilities, Labor Regulations

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Amanda Tzivas

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize… more

Department of Labor (DOL), Employee Representatives, Fair Labor Standards Act (FLSA), Final Rules, Inspections

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Ian Wagreich

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for employers… more

Compliance, Employer Liability Issues, Employer Responsibilities, Employment Authorization Documents (EAD), Federal Labor Laws

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Matthew Walsh II

Illinois Workers' Compensation Commission Notice of Emergency Amendment Regarding COVID-19

On April 13, 2020, the Illinois Workers' Compensation Commission adopted an emergency rule stating that First Responders and employees in a broad range of industries who develop COVID-19 are "rebuttably presumed" to have… more

Amended Rules, Coronavirus/COVID-19, First Responders, Infectious Diseases, Rebuttable Presumptions

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Palma Yanni

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for employers… more

Compliance, Employer Liability Issues, Employer Responsibilities, Employment Authorization Documents (EAD), Federal Labor Laws

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Hinshaw & Culbertson - Employment Law Observer

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