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2022-09-24 08:13:06

Gould & Ratner Website Gould & Ratner Website Human Resources Law Blog Home Chicago Expands Bystander Intervention Training Chicago continues to be at the forefront of combatting sexual harassment in the workplace by further expanding the existing training requirements. Chicago employers have previously been required to provide annual sexual harassment training for employees and supervisors. However, recently, Chicago has increased these requirements by adding an additional hour of “bystander intervention” training. The Chicago […] August 22, 2022 Hannah Batsche General, New Laws and Regulations 0 New Rules from the Illinois Department of Labor Aim to Protect Domestic Workers The Illinois Department of Labor (IDOL) issued new rules last week regarding the statutory change to the Illinois Minimum Wage Law, which extends its protections to domestic workers. In a press release, the IDOL’s Acting Director Jane Flanagan was quoted saying, “The General Assembly has established that domestic workers deserve the same core labor protections […] August 11, 2022 Hannah Batsche Department of Labor 0 What Employers Need to Know About the Upcoming Change to the Chicago Fair Workweek Ordinance The Chicago Fair Workweek Ordinance went into effect in 2020. In a previous article, we discussed how the ordinance brought predictability to employee scheduling by requiring employers to provide 10 days’ notice of an employee’s schedule. As of July 1, 2022, covered Chicago employers will be required to either give employees 14 days advance notice […] June 14, 2022 Dan Lewis General, New Laws and Regulations 0 EEOC Issues Guidance on Caregiver Discrimination Related to COVID-19 The U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document on March 14, detailing recommended best practices for employers managing workers with caregiver responsibilities. The guidance notes that the COVID-19 pandemic has compounded stress for many Americas, especially those who care for older relatives, children, spouses, or individuals with disabilities. The guidance further […] March 18, 2022 Hannah Batsche EEOC 0 Congress Passes Landmark #MeToo Bill The U.S. Senate passed legislation on February 10, 2022, that prohibits employers from requiring arbitration with employees for certain disputes. The Ending Forced Arbitration Act, which President Biden is expected to sign, invalidates pre-dispute arbitration agreements that preclude a party from filing a lawsuit in court that relates to sexual assault or sexual harassment. Pre-dispute […] February 14, 2022 Hannah Batsche General, Litigation, New Laws and Regulations 0 U.S. Supreme Court Permits Healthcare Vaccine Rule Enforcement Yesterday, the U.S. Supreme Court greenlit enforcement of the vaccine mandate rule from the Centers for Medicare and Medicaid Services (“CMS”) while litigation regarding the rule continued in the lower courts. The interim final rule requires all healthcare workers working in facilities that receive funding from CMS be vaccinated—except for those with medical and religious […] January 14, 2022 Dan Lewis Litigation, New Laws and Regulations 0 U.S. Supreme Court Blocks OSHA Employer Vaccine-or-Test Requirement Yesterday, the U.S. Supreme Court issued an opinion staying enforcement of OSHA’s emergency temporary standard (“ETS”) which had required vaccines or weekly testing for employers with 100 employees or more. The Court found that the states and business organizations challenging the ETS were likely to succeed in demonstrating OSHA exceeded its statutory authority. Notably, the […] January 14, 2022 Dan Lewis Litigation, New Laws and Regulations 0 Sixth Circuit Court Lifts Stay on OSHA Emergency Temporary Standard Last week, the U.S. Court of Appeals for the Sixth Circuit granted the Biden administration’s request to dissolve the Fifth Circuit’s November 6 stay on the emergency Covid-19 “shot-or-test” rule. The Occupational Safety and Health Administration (OSHA) published the emergency temporary standard (ETS) on November 5, and it was immediately met by pushback. The ETS […] December 20, 2021 Hannah Batsche New Laws and Regulations 0 EEOC Clarifies When COVID-19 May Be a Disability The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on COVID-19 (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws) to address when COVID-19 might be considered a disability under the Americans with Disabilities Act (ADA). Under the ADA, an individual is considered “disabled” if the […] December 15, 2021 David Michael EEOC 0 NLRB Issues Guidance for Employers Enforcing OSHA’s ETS on Vaccine Mandates The Acting Associate General Counsel of the National Labor Relations Board (NLRB) recently published a memorandum addressing the types of bargaining obligations under the National Labor Relations Act (NLRA) that may arise out of OSHA’s recently issued emergency temporary standards for mandated vaccination (ETS). Given that the ETS requires employees to get vaccinated or, if […] November 15, 2021 David Michael General, New Laws and Regulations, NLRB 0 OSHA’s ETS on Vaccine Mandates and Employer Choice OSHA’s recently issued Emergency Temporary Standard (ETS) on mandating vaccines has caused headaches for many employers and rankled others. A flurry of lawsuits have been filed, and the Fifth Circuit has temporarily stayed the rule from taking effect. As we recently wrote about, confusion abounds as the ETS awaits judicial review by one lucky federal […] November 15, 2021 Gould and Ratner General, New Laws and Regulations 0 States Push Back Against OSHA’s Vaccination Requirements On November 5, OSHA released its much-anticipated Emergency Temporary Standard (ETS), requiring employers with 100 or more employees to either implement a mandatory COVID-19 vaccination policy or a policy that requires a choice between vaccination and weekly testing (combined with wearing a mask while at work).  For more information on the ETS, see our overview […] November 11, 2021 Hannah Batsche General, New Laws and Regulations 0 Mandatory COVID-19 Measures Have Arrived for Employers With 100 or More Employees On November 4, 2021, OSHA announced its emergency temporary standard (ETS) requiring employers with 100 or more employees (including part time) to implement a policy that either (a) mandates COVID-19 vaccination, or (b) requires a choice between vaccination or weekly testing (along with wearing a face covering at work). OSHA has provided sample policy templates […] November 4, 2021 Mark Brookstein General 0 EEOC Issues Updated COVID-19 Guidance for Religious Exemption Requests On Monday, October 25, the EEOC issued the much-anticipated update to its COVID-19 guidance (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws).The update again addresses how COVID-19 interacts with Title VII when employers are faced with mounting religious objections to workplace vaccine requirements. Title VII prohibits employment […] October 26, 2021 David Michael General 0 New Surge Brings New Mandates: The Biden Administration Tries a New Tactic The Biden administration announced this week that it would mandate COVID-19 vaccinations (with exceptions for disabilities and sincerely held religious beliefs) for a staggering number of Americans. The latest mandate –  covering federal workers, federal contractors, and healthcare workers at hospitals and other health institutions that participate in Medicare and Medicaid social programs – is […] September 10, 2021 Gould and Ratner EEOC, New Laws and Regulations 0 What Employers Need to Know About Updated Mandated Sick Leave Policies for Illinois and Chicago Chicago and Illinois employers should be aware of three recent changes affecting mandated sick leave benefits for employees. In April, Gov. J.B. Pritzker signed into law an amendment to the Employee Sick Leave Act. The amendment, which took effect immediately, expanded coverage for employees. Additionally, as of July, Chicago’s Paid Sick Leave Ordinance now includes […] August 23, 2021 Gould and Ratner New Laws and Regulations 0 More Masking: What Updated CDC Guidance Could Mean for Employers The CDC released new guidance last week in an effort to curb the spread of the Delta variant of COVID-19. With cases on the rise, predominantly from the Delta variant, the CDC now recommends that both unvaccinated and vaccinated individuals wear a mask when indoors in public areas where there is “substantial or high transmission” […] August 4, 2021 Gould and Ratner New Laws and Regulations 0 Illinois Gets More Restrictive on Restrictive Covenants Employers seeking to impose restrictive covenants upon employees will face substantial new hurdles beginning January 1, 2022. Previously, the Illinois Freedom to Work Act barred employers from requiring “low wage” workers earning $13.00 per hour or less to sign a covenant not to compete or covenant not to solicit agreement. The original Act was inspired […] July 7, 2021 Mark Brookstein General, New Laws and Regulations 0 Illinois Employee Sick Leave Act Amended to Cover Personal Care for Family Members The Illinois Employee Sick Leave Act (ESLA) was recently amended to give workers more flexibility to care for their loved ones. ESLA was enacted in 2017 and allows employees to use at least a portion of their personal sick-leave benefits available to them under certain existing employer policies to care for covered family members who […] June 21, 2021 Hannah Batsche General, New Laws and Regulations 0 Employees and Vaccinations: What Do Employers Need to Know and Consider? Infectious disease experts have a saying: Vaccines don’t save lives, vaccinations do. As vaccinations are now widely available, and with the Biden Administration’s goal of 70% of adults at least initially vaccinated by July 4 in reach, employers eager to get back to the way things were pre-pandemic may want to mandate vaccinations. Yet, it […] June 2, 2021 David Michael General, Risk Management 0 DHS Extends Deferral of I-9 Physical Document Inspection Due to COVID-19 Back in March 2020 we advised that — for employees working remotely — the Department of Homeland Security (DHS) was deferring the physical presence requirement of the Employment Eligibility Verification (Form I-9). Ordinarily, the employer “must physically examine” the approved document(s) within three days of the employee’s first day of employment. Because of continued precautions […] June 1, 2021 Mark Brookstein General, New Laws and Regulations 0 Chicago Passes Vaccine Anti-Retaliation Ordinance The Chicago City Council last week passed an ordinance providing more rights to employees who take time off from work to obtain the COVID-19 vaccine. Effective immediately, this ordinance allows Chicago employees and independent contractors to get vaccinated during their work hours, requires pay for hours taken to get vaccinated from employers that make vaccination […] April 27, 2021 Hannah Batsche New Laws and Regulations 0 Tax Credit Available for Small Businesses That Offer Vaccine Paid Time Off On Wednesday, President Biden detailed a plan that will allow small businesses to claim tax credits for giving paid time off to employees to get and recover from the COVID-19 vaccine. Employers with fewer than 500 employees are eligible for the tax credit, which will offset the cost of paid time off for each employee […] April 23, 2021 Hannah Batsche New Laws and Regulations 0 Illinois Reporting Requirements Expand for Employers Last month, Illinois Gov. J.B. Pritzker signed SB 1480, which amended the Illinois Human Rights Act (read our article about the IHRA amendments here), the Illinois Equal Pay Act and the Business Corporation Act. Larger Employers Required to “Obtain Equal Pay Registration Certificate” by March 24, 2024 Private employers with more than 100 employees in […] April 15, 2021 Gould and Ratner New Laws and Regulations 0 New Illinois Employment Law: Restricting Use of Conviction Records Earlier this week, Illinois Gov. J.B. Pritzker signed into law SB1480, which amended the Illinois Human Rights Act (the Act) in a way that will significantly affect how employers deal with employee conviction records. What is Prohibited? Under the amended Act, which takes effect immediately, it is a “civil rights violation” for an employer to […] March 26, 2021 Hannah Batsche New Laws and Regulations 0 ARPA Expands Employment-Related Reimbursements and Extends Unemployment Earlier this month, President Biden signed into law the American Rescue Plan Act of 2021 (ARPA). ARPA extends by another six months, the reimbursement of paid leave offered by the Families First Coronavirus Response Act (FFCRA) that was scheduled to expire on March 31, 2021. In addition, along with extending unemployment benefits under the CARES […] March 25, 2021 Mark Brookstein New Laws and Regulations 0 OSHA Issues New Guidance on Protecting Workers During COVID-19 On January 21, 2021, President Biden issued an “Executive Order on Protecting Worker Health and Safety.” The Order, issued on the first full day of the new Biden Administration, was one of many directly addressing COVID-19. The Order stated that the federal government must take “swift action to reduce the risk that workers may contact […] February 5, 2021 Gould and Ratner New Laws and Regulations 0 EEOC Updates Its Compliance Manual on Discrimination Agency updates religious discrimination for first time in over a decade The Equal Employment Opportunity Commission (EEOC) has updated the section of its Compliance Manual on religious discrimination in the workplace. The updated section on religious discrimination was published in January 2021 after a short review period and a 3-2 vote along party lines by […] February 5, 2021 Gould and Ratner EEOC, New Laws and Regulations 0 New Administration, New Priorities With the inauguration of Joseph R. Biden as the President of the United States yesterday, we expect to see a different focus, new guidance and new laws. Some of the major changes that may be delivered in the Biden administration include: Renewed Focus on Misclassifications Recently, few areas of employment law have been debated so […] January 20, 2021 Gould and Ratner New Laws and Regulations 0 The Impact of the $900 Billion Appropriations Act on Employers and Their Employees Last week, Congress passed a $900 billion Appropriations Act. In addition to providing much-needed funding for vaccine distribution, direct payments to the vast majority of Americans, and a renewal of the popular Paycheck Protection Program, the act contains a number of changes that affect businesses and their employees. Paid Sick Leave Credits Extended A covered […] December 29, 2020 Gould and Ratner General, New Laws and Regulations 0 The COVID-19 Vaccines Are Here – What Do Employers Need to Know and Consider? By David Michael, Emily Wessel Farr and Mark Brookstein Infectious disease experts have a saying: Vaccines don’t save lives, vaccinations do. As the Federal Drug Administration (FDA) has approved the first COVID-19 vaccine, employers eager to get back to normal may want to mandate vaccinations. Yet, it has been reported that a sizable number of […] December 22, 2020 David Michael EEOC, General, New Laws and Regulations 0 EEOC Updates Technical Assistance Information for COVID-19 The U.S. Equal Employment Opportunity Commission (EEOC) posted an updated technical assistance document entitled “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws“ on September 8, 2020. The EEOC announced that it was providing these updates “in order to create a user-friendly comprehensive guide that addresses common questions about […] September 8, 2020 David Michael EEOC 0 DOL Issues Updated Guidance, Report on Pandemic-Related Matters As employers and employees alike shift to new protocols and procedures amidst the COVID-19 global pandemic, the Department of Labor (DOL) reminded employers about their continuing responsibilities. Tracking Hours for Teleworkers Last week, the Department of Labor (DOL) Wage and Hour Division issued guidance on tracking teleworking hours for non-exempt employees. The Fair Labor Standards […] September 2, 2020 Gould and Ratner Department of Labor 0 U.S. DOL Releases New FMLA Forms, Seeks Public Input The U.S. Department of Labor (DOL) has released revised optional forms for employees to use when applying for leave under the federal Family and Medical Leave Act (FMLA) and for employers to use when coordinating leave under the FMLA. The DOL designed the new forms, available on its website, to make the process of seeking […] July 17, 2020 Gould and Ratner Department of Labor 0 What’s Involved in Training Employees to Recognize Signs of Human Trafficking Lodging establishments will need to provide training to certain employees on how to recognize the signs. As we wrote about in a previous HR Law Blog post, as of June 1, 2020, employees who have “recurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping […] June 18, 2020 Gould and Ratner New Laws and Regulations 0 U.S. Supreme Court Rules Title VII Protects LGBTQ Employees Federal civil rights law protects gay and transgender employees from discrimination, the U.S. Supreme Court declared June 15, 2020, in Bostock v. Clayton County, Georgia. In a 6-3 decision, the court resolved the question of whether discrimination based on sexual orientation and/or gender identity is deemed to be discrimination based on sex, and therefore covered […] June 15, 2020 Gould and Ratner New Laws and Regulations 0 EEOC Updates Pandemic Workplace Guidance UPDATE: In its latest update to its pandemic workplace guidance, the EEOC addresses questions employers will face as businesses reopen and employees return to work.  In advance of employees’ return, employers are encouraged to provide information to all employees about who to contact in the event they wish to request an accommodation for a disability […] June 12, 2020 Gould and Ratner New Laws and Regulations 0 Illinois Businesses Must Adhere to Restore Illinois Phase 3 Safety Guidelines Gov. J.B. Pritzker issued Executive Order 2020-39 on May 29, 2020 which states that businesses must follow the guidance first published by the Illinois Department of Commerce and Economic Opportunity (DCEO) on May 24, 2020, regarding safety measures during Phase 3 of the Restore Illinois plan.  Until this order was released, it was unclear whether […] June 2, 2020 Gould and Ratner New Laws and Regulations 0 Chicago Passes COVID-19 Anti-Retaliation Ordinance Last week, the Chicago City Council passed the COVID-19 Anti-Retaliation Ordinance, which aims to protect covered employees who remain at home if they have symptoms of COVID-19 or are following a stay-at-home or isolation order. Effective immediately, employers may not terminate, demote or take any other adverse action against a covered employee for obeying an […] May 26, 2020 Gould and Ratner New Laws and Regulations 0 IRS Issues COVID-19 Cafeteria Plan Guidance for Employers The IRS issuedNotice 2020-29on May 12, 2020, to assist with the response to the COVID-19 pandemic. The notice provides flexibility for mid-year 2020 elections under a §125 cafeteria plan for employer-sponsored health coverage, health Flexible Spending Arrangements (FSA), and dependent care assistance programs (DCAP). It also provides flexibility to carryover unused benefits in an FSA […] May 20, 2020 Gould and Ratner New Laws and Regulations 0 DOL Provides Additional FAQs Regarding the Families First Coronavirus Response Act This week, the Department of Labor issued further clarification on the scope of FFCRA. Household Employees May Be Covered Household employees are covered employees under FFCRA if they are covered under the Fair Labor Standards Act (FLSA). As with the FLSA, the question is whether the employee is economically dependent on the household employer, or […] May 13, 2020 Gould and Ratner General 0 Employer Considerations on Returning to the Workplace in the Age of COVID-19 Following the White House’s issuance of broad guidelines for states to implement a phased reopening of businesses subject to isolation orders stemming from the COVID-19 global pandemic, the U.S. Centers for Disease Control and Prevention (CDC) is reportedly preparing to issue detailed guidance. While we await further direction, as businesses face the difficult questions involved […] May 4, 2020 Mark Brookstein General 0 DOL Provides Additional Guidance on Families First Coronavirus Response Act The U.S. Department of Labor (DOL) has updated its FAQ page on the Families First Coronavirus Response Act (FFCRA), explaining how employers should calculate employee leave and addressing the confusion over what a “quarantine or isolation order” means for purposes of emergency paid sick leave. As we previously wrote, the DOL provides guidance via these […] April 29, 2020 Gould and Ratner General, New Laws and Regulations 0 Illinois Workers’ Compensation Commission Adopts “Rebuttable Presumption” Rule of Evidence UPDATE: A challenge to the Illinois Workers’ Compensation Commission’s emergency amendment, described below, has resulted in a temporary hold on the rule. On April 22, 2020, the Illinois Manufacturers’ Association (IMA) and the Illinois Retail Merchants Association (IRMA) filed a complaint in Sangamon County against the IWCC and its Commissioner, Michael J. Brennan, seeking an […] April 24, 2020 Gould and Ratner General, New Laws and Regulations 0 Employee Temperature Screenings During COVID-19: What Employers Need to Know Current guidance from the Equal Employment Opportunity Commission (EEOC) provides that employers may lawfully take an employee’s temperature upon entering the workplace during the COVID-19 pandemic. In taking this step, however, employers must consider that the time an employee spends waiting to and actually having their temperature taken may need to be paid out. While […] April 23, 2020 Gould and Ratner General, New Laws and Regulations 0 Employer Safety Guidance for Manufacturing Workers during the COVID-19 Pandemic The Occupational Safety and Health Administration (OSHA) recently released an alert advising employers on safety tips to help protect manufacturing workers from exposure to COVID-19. OSHA advises employers to implement the following: Practice sensible social distancing and maintain six feet between coworkers where possible; Establish flexible working hours, including staggering shifts, if possible; Train workers […] April 23, 2020 Gould and Ratner General, New Laws and Regulations 0 OSHA Releases Further Guidance on Reporting and Recording COVID-19 Cases The Occupational Safety and Health Administration (OSHA) has released enforcement guidance for recording cases of COVID-19. The guidance is specifically intended to be time-limited to the current public health crisis and is in effect until further notice. The guidance reviews how employers should normally implement applicable rules (found in 29 CFR § 1904) on recording […] April 20, 2020 Gould and Ratner General 0 Illinois Implements Federal Stimulus Package Unemployment Benefits The Illinois Department of Employment Security (IDES) has announced its implementation of expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including: An additional $600 per week for individuals receiving benefits from March 29, 2020 through the week ending July 25, 2020. Up to 13 additional weeks of federally funded unemployment […] April 16, 2020 Mark Brookstein New Laws and Regulations 0 Key CARES Act Mid-Sized Business Loan Programs Limit Executive Compensation, Protect Labor Organizing A significant component of the sweeping $2 trillion economic stimulus enacted on March 27, 2020, is a $500 billion Exchange Stabilization Fund, whose intended beneficiaries includemid-sized businesses with less than 10,000 employees thathave been impacted by the COVID-19 pandemic. The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act authorizes the U.S. Treasury Department and […] April 13, 2020 Gould and Ratner New Laws and Regulations 0 CDC Issues Updated COVID-19 Guidance for Employers in Non-Healthcare, Critical Infrastructure Sectors The CDC this week issued updated COVID-19 guidance for employers, supplementing its “Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)” by adding to its cleaning and disinfecting guidelines, social distancing best practices, and strategies and recommendations to respond to the virus. As we previously wrote about, there are […] April 10, 2020 Gould and Ratner General, New Laws and Regulations 0 DOL Issues Rule and Additional Q&As on Families First Act Leave The U.S. Department of Labor (DOL) published a temporary rule Monday, April 6, 2020, that provides additional guidance on the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) portions of the Families First Coronavirus Response Act (FFCRA).As we discussed in a previous blog post, the DOL has […] April 7, 2020 Gould and Ratner General 0 Illinois to Implement Expanded Unemployment Benefits Under the CARES Act As part of the recently enacted $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress included expanded unemployment benefits in partnership with state unemployment agencies. The CARES Act creates a pandemic unemployment assistance program through Dec. 31, 2020, and retroactively to Jan. 27, 2020. The CARES Act will provide payment to those […] April 1, 2020 Mark Brookstein New Laws and Regulations 0 U.S. Department of Labor Issues Supplemental Q&A for the Families First Coronavirus Response Act The U.S. Department of Labor issued a series of additional Q&A on March 27, 2020, updating initial guidance for the recently passed Families First Coronavirus Response Act, which covers most employers with fewer than 500 employees. We anticipate the DOL will be issuing implementing regulations on the Response Act in the coming days. Who is […] March 30, 2020 Gould and Ratner General 0 U.S. Department of Labor Issues Initial Q&A on the Families First Coronavirus Response Act The U.S. Department of Labor (DOL) issued a series of Questions and Answers (Q&A) on March 25, 2020, detailing the leave requirements found in the recently passed Families First Coronavirus Response Act (Response Act). We anticipate the DOL will be issuing implementing regulations on the Response Act next week. Additional clarification on when and for […] March 26, 2020 David Michael General 0 DHS Defers Form I-9 Physical Inspection Requirement Due to COVID-19 As employers nationwide have turned to teleworking to help “flatten the curve,” the Department of Homeland Security (DHS) announced on March 20 that it will defer the physical presence requirement of the Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Ordinarily, the employer “must physically examine” the approved […] March 24, 2020 Mark Brookstein New Laws and Regulations 0 FAQs for Employers During the Coronavirus Pandemic To help employers grappling with how to respond and handle a variety of challenges caused by the coronavirus (COVID-19) pandemic in the United States, we have compiled some answers to frequently asked questions (FAQs) about the latest guidance from federal agencies when it comes to managing your employees. We have also noted where state laws […] March 23, 2020 David Michael General 0 IDES Adopts Emergency Rules The Illinois Department of Employment Services adopted emergency rules for the COVID-19 crisis. The rules include: Qualification for benefits for those who are temporarily laid off An individual temporarily laid off can qualify for benefits as long as they were able and available for and actively seeking work. The individual would not have to register […] March 23, 2020 Gould and Ratner General, New Laws and Regulations 0 UPDATED: The Families First Coronavirus Response Act – What You Need to Know In a 90-8 vote, the Senate yesterday passed a new version of the Families First Coronavirus Response Act (Response Act) that was signed into law by the President. By way of background, the U.S. House of Representatives over the weekend passed its first version of the Relief Bill in response to the spread of the […] March 19, 2020 David Michael New Laws and Regulations 0 U.S. House Passes Families First Coronavirus Response Act UPDATE: The bill continues to go through amendments and we expect more changes in the coming day. Check here for latest update. This past weekend, the U.S. House of Representatives passed the “Families First Coronavirus Response Act” (Response Bill) to help address the spread of coronavirus (COVID-19) and help mitigate its economic effects. While the […] March 16, 2020 Gould and Ratner New Laws and Regulations 0 Important Reminders for Employers When Handling COVID-19 Concerns In our blog post back in February, we urged employers to develop and implement a plan to address the impact of a pandemic in the workplace. Since last month, COVID-19 (Coronavirus) has spread across 100 countries with over 120,000 total cases. In the United States, more than 1,000 cases have been reported – a statistic […] March 11, 2020 Gould and Ratner New Laws and Regulations 0 The Threat of Coronavirus in the Workplace: How to Prepare The coronavirus, which originated in Wuhan, Hubei Province, China, in December 2019, has spread to the United States, although so far in very small numbers. The Trump administration and the World Health Organization (WHO) have declared the virus a public health emergency. Employers should monitor the developments related to the virus and develop a plan […] February 14, 2020 Gould and Ratner General 0 Host of New Illinois Laws Impacts Hotels Employment laws are often grouped based on numbers – number of employees, to be exact. Sometimes, however, you can group laws by industry. This year, a number of new laws will affect Illinois hotels. Lodging Services Human Trafficking Recognition Training Act Illinois lodging establishments will need to provide training to certain employees on how […] February 12, 2020 Gould and Ratner Chicago, Employment Law, hotel, Human Trafficking, Illinois New Laws and Regulations 0 What Employers Need to Know About the New I-9 Form The I-9 Form, used to verify employment eligibility, was updated January 31, 2020, by U.S. Citizenship and Immigration Services. Employers should begin using this updated form for new hires as soon as possible but have until April 30, 2020, to transition completely. If employers do not make the transition by this date, they could face […] February 10, 2020 David Michael New Laws and Regulations 0 New Year, New Laws for Illinois Employers 3 … 2 … 1 … Happy New Year! It’s nearly 2020, and you may have read our previous blog posts about what that means for employers in Chicago, Illinois and the U.S. The Gould & Ratner Human Resources and Employment team is here to help as you transition your policies to be compliant in […] December 30, 2019 Gould and Ratner General, New Laws and Regulations 0 DOL Announces Final Rule on Perks and Benefits The U.S. Department of Labor (DOL) yesterday announced its final rule on perks and benefits under the Fair Labor Standards Act (FLSA), defining what forms of payment are eligible for the time and one-half calculation when determining overtime rates. Under FLSA, covered, nonexempt workers must be paid overtime at no less than one and one-half […] December 13, 2019 Gould and Ratner Department of Labor, New Laws and Regulations 0 New Litigation May Affect the Chicago Fair Workweek Ordinance The Chicago Fair Workweek Ordinance, which seeks to bring predictability to employee scheduling, is effective as of July 1, 2020. Under the ordinance, covered employers will be required to provide 10 days’ notice of an employee’s schedule (increasing to 14 days on July 2, 2022). The Building Owners & Managers Association of Chicago (BOMA) filed […] December 12, 2019 Mark Brookstein Department of Labor, New Laws and Regulations 0 Illinois Cannabis Act: New Changes for Employers Just Before Jan. 1 Effective Date 2020 is just weeks away, and Illinois’ new law allowing adults 21 and older to possess and purchase cannabis from licensed stores has the potential to substantially change employers’ current drug testing policies. Since Governor J.B. Pritzker signed into law the Illinois Cannabis Act in June 2019, there has been much debate over the tension […] December 6, 2019 Gould and Ratner New Laws and Regulations 0 New Illinois Law Addresses Use of Artificial Intelligence in Hiring Illinois Gov. J.B. Prtizker recently signed into law the Artificial Intelligence Video Interview Act that makes Illinois the first state to address the use of artificial intelligence (AI) in hiring. The new law, effective Jan. 1, 2020, will require employers to provide notice to and obtain consent from job applicants whose recorded video interviews are […] November 8, 2019 Mark Brookstein New Laws and Regulations 0 Flurry of New Illinois Laws in 2019 Suggest It’s Time To Update Your Employee Handbook Throughout 2019, Illinois has adopted a number of laws imposing new requirements and restrictions on employers, meaning that prudent Illinois employers should consider updating their employee handbooks to ensure compliance with new laws in effect now and as of Jan. 1, 2020. Following are brief recaps of the new laws: Salary History Ban On Sept. […] November 4, 2019 Gould and Ratner New Laws and Regulations 0 1.3 Million More Workers Will Be Eligible for Overtime Pay Under Final DOL Rule The U.S. Department of Labor (DOL) yesterday issued its final rule on overtime pay under the Fair Labor Standards Act (FLSA) increasing the salary thresholds for workers to be considered “exempt” and opening the door to an estimated 1.3 million workers receiving overtime pay next year. For the past 15 years, employees generally could be […] September 25, 2019 Mark Brookstein Department of Labor, New Laws and Regulations 0 New Illinois Workplace Transparency Law Limits Employers’ Ability to Stop Disclosure of Alleged Illegal Acts When signed into law last month, the new Illinois Workplace Transparency Act (WTA) included a variety of provisions creating substantial changes for employers and employees starting Jan. 1, 2020. We covered one of the provisions – mandatory annual sexual harassment prevention training – in our blog post here. The WTA also includes new restrictions on […] September 4, 2019 Mark Brookstein New Laws and Regulations 0 Illinois Is Changing the Conversation on Salaries. How Do Employers Prepare? A new amendment to the Illinois Equal Pay Act seeks to ensure gender pay equity. As discussed in our recent posting, “New Illinois Law Bans Employers From Asking About Salary History,” starting Sept. 29, 2019, employers will be prohibited from asking job applicants (and their former employers) about wage, salary or benefits history. The following […] August 28, 2019 David Michael New Laws and Regulations 0 Current Form I-9 Will Expire At the End of August 2019 The I-9 Form, used to verify employment eligibility, is set to expire August 31, 2019. Although the U.S. Citizenship and Immigration Services (USCIS) is working to update the form, there will likely be a gap between the expiration of the old form and the implementation of the new one. USCIS has not filed an updated […] August 20, 2019 David Michael New Laws and Regulations 0 New Illinois Law Bans Employers From Asking About Salary History A new law in Illinois seeks to advance the fight for pay equity. Governor J.B. Pritzker signed legislation on July 31, 2019, banning Illinois companies from asking job applicants or their previous employers about salary history during the hiring process. The No Salary History law, designed to help close the wage gap between men and […] August 1, 2019 Gould and Ratner New Laws and Regulations 0 Illinois Expedites Health Care Waiver Application Process for Applicants with Arrests or Convictions Illinois Governor J.B. Pritzker has signed into law an amendment to the Health Care Worker Background Check Act, which provides an expedited process for applicants with arrest or conviction records to seek a waiver to work in the healthcare industry. Over the next 10 years, the healthcare field is projected to be the fastest growing […] August 1, 2019 Gould and Ratner Hiring 0 Illinois Passes Bill Requiring Anti-Harassment Training The Illinois General Assembly has passed SB 75, a bill that would require all employers in the state to provide workplace sexual harassment training to employees annually, following the trend of California, New York, Delaware, Connecticut and Maine, who have passed similar laws. Failure to train employees would result in a $500 penalty to businesses […] July 23, 2019 Mark Brookstein General 0 Illinois Biometric Policy Law Does Not Require Proof of Actual Damages Attention businesses operating in Illinois: If you use a person’s “biometric” data for things like timekeeping or security, you must have a written policy under which you: (1) obtain written consent, (2) store the data confidentially and (3) destroy the data no later than three years after the last interaction with the person. If you […] March 27, 2019 Mark Brookstein General 0 Employers Facing New Rules on Overtime, Reporting Pay Data Early March has come in like a lion for employers, who are now facing potential new federal rules on overtime and classification, as well as changes to how much information they need to be reporting to the Equal Employment Opportunity Commission regarding pay rates broken down by gender and race. Labor Department Proposes Expanding Overtime […] March 14, 2019 Gould and Ratner General 0 Illinois Rings in 2019 With New Employment Laws As we welcome 2019, the following is a recap of new laws affecting Illinois employers. Illinois Human Rights Act The Illinois Human Rights Act (IHRA) now requires all Illinois employers to advise employees of their right to be free from harassment, discrimination, and retaliation in the workplace.  Employers must post a notice provided by the […] January 22, 2019 Mark Brookstein New Laws and Regulations 0 Nursing Breaks Are Now Paid in Illinois! On August 21, 2018 the State of Illinois amended the Nursing Mothers in the Workplace Act to prohibit an employer from reducing an employee’s compensation for breaks for nursing mothers. Originally, employers were required to provide “reasonable unpaid break time each day” to express milk, which “must, if possible, run concurrently with any break time […] August 31, 2018 Mark Brookstein New Laws and Regulations 0 Time To Rethink Mandatory Arbitration Agreements? U.S. Supreme Court Rules Class Action Waivers Are Legal! The U.S. Supreme Court has delivered a major victory for employers across America – ruling that mandatory arbitration agreements that contain a provision prohibiting any form of class or collective litigation are lawful.  The issue was ripe for consideration at the Supreme Court because there was a split among the Circuit Courts of Appeal as […] May 25, 2018 Mark Brookstein General, Hiring, Litigation, NLRB 0 Policy of the Year: Harassment Prevention The issue of sexual harassment and misconduct in the workplace vaulted to the forefront of most employers’ attention in 2017, with the #MeToo hashtag going viral and Time magazine naming as its People of the Year the #SilenceBreakers, its name for the women and men who came forward in 2017 to report sexual harassment and […] January 4, 2018 David Michael General 0 Court Provides Much-Needed Guidance on Employee Leaves of Absence In a groundbreaking decision, the federal appellate court in Chicago has held that employers are not required under the Americans with Disabilities Act (ADA) to provide an employee with a long-term medical leave of absence after the employee has exhausted all of his or her leave under the Family and Medical Leave Act (FMLA).  Severson […] November 7, 2017 David Michael New Laws and Regulations 0 Trump Administration Suspends EEO-1 Equal Pay Reporting Requirements The Office of Management and Budget (OMB) has announced an immediate stay and review of an Obama-era policy requiring pay information to be included on form EEO-1.  The revised form was set to take effect with the next filing cycle in March 2018. The Equal Employment Opportunity Commission (EEOC) has always required companies to report […] September 7, 2017 Mark Brookstein Department of Labor, Litigation, New Laws and Regulations 0 Judge Strikes Down New DOL Rule on Overtime and White Collar Exemption Remember last November when a federal judge put a temporary hold on significant changes to federal labor laws affecting millions of workers and their employers?  We wrote about it here. Last week, the judge issued a final ruling that struck down the proposed changes, which would have required employers either to substantially increase the pay […] September 6, 2017 Mark Brookstein Department of Labor, Litigation, New Laws and Regulations 0 The New City of Chicago/Cook County Paid Sick Leave Ordinances: Is Your Company Ready? On July 1, 2017, two new local ordinances requiring employers in Cook County or Chicago to provide paid sick leave take effect: the Chicago Paid Sick Leave Ordinance and the Cook County Earned Sick Leave Ordinance. These ordinances require virtually all private employers to provide for the accrual and use of up to 40 hours of […] June 16, 2017 David Michael New Laws and Regulations 0 lllinois Seeks To Close Gender Pay Gap The Illinois House of Representatives has passed House Bill 2462, which aims to prevent pay discrimination against women in Illinois.  The bill amends the existing Equal Pay Act of 2003, which prohibits employers from paying wages to another employee of the opposite sex for the same or substantially similar work, where the job requires substantially […] May 9, 2017 David Michael New Laws and Regulations 0 Appeals Court Rules That Federal Law Prohibits Workplace Discrimination Based on Sexual Orientation The U.S. Court of Appeals for the Seventh Circuit (in Chicago) ruled on April 4, 2017, that Title VII of the Civil Rights Act of 1964 – which prohibits workplace discrimination based on race, color, religion, sex or national origin – includes discrimination based upon an employee’s sexual orientation. While the federal agency that enforces […] April 4, 2017 David Michael Litigation, New Laws and Regulations 0 New Form I-9 Now Required Effective Sunday, January 22, 2017, all employers must have completely converted to using the new version of the Form I-9 to verify new employee identification and U.S. employment authorization (for both citizens and non-citizens).  Employers are not required to re-verify existing employees on the new Form I-9, except when an employee’s authorization documents have expired. It is imperative that all employers use this new […] January 23, 2017 David Michael Hiring, New Laws and Regulations 0 Happy New (Employment-Laws) Year! For many, January 1 signifies a time for making New Year’s resolutions, setting goals and resetting benchmarks. This year, one thing is certain: when we enter the New Year, several new or amended employment laws will take effect for Illinois employers – and inevitably affect many individuals as well.  The 2017 changes starting either January 1 […] December 29, 2016 David Michael New Laws and Regulations 0 Court Stays Impending Changes to Overtime Rules On Tuesday, November 22, 2016, a Texas federal court temporarily blocked the U.S. Department of Labor’s new overtime rule nationwide, scheduled to take effect next week on Thursday, December 1. The new overtime rule (called the Final Rule) would make about 4.2 million workers across the country newly eligible for overtime.  The Final Rule increases […] November 23, 2016 David Michael Department of Labor, Litigation, New Laws and Regulations 0 A “Blocking Charge” on the DOL’s Persuader Rule As of Wednesday, companies are no longer subject to the Department of Labor’s “Persuader Rule” requiring disclosure of legal advice a company receives in response to union organization campaigns.  A court in Texas has permanently blocked the new Persuader Rule. Earlier this year, the Department of Labor issued the new Persuader Rule requiring public disclosure […] November 21, 2016 David Michael Department of Labor, Litigation, New Laws and Regulations 0 New Overtime Exemptions: The Exceptions to Overtime Just Became More Exceptional! The Department of Labor just announced its updates to the overtime exemptions effective December 1, 2016.  These updates (“Final Rule”) greatly impact many businesses, resulting in more than 4 million workers who are currently overtime-exempt eligible for overtime pay.  Federal labor law requires that all employees receive at least a minimum wage and that most […] June 10, 2016 David Michael Department of Labor, New Laws and Regulations 0 Employers May Now Protect Trade Secrets Under Federal Law On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA provides companies with a direct federal cause of action to enforce their trade secret rights, which was not previously available. The new law received broad bipartisan support from the House and Senate. Prior to the DTSA, […] May 25, 2016 Mark Brookstein New Laws and Regulations 0 Franchisor Is Not “Lovin’ It” Last week, McDonald’s and the National Labor Relations Board (NLRB) faced off in an administrative court to determine whether the fast-food chain is liable for the actions of its franchisees as a joint employer. The case arose out of hundreds of complaints filed by fast food workers alleging they were illegally threatened, disciplined, or fired […] May 2, 2016 Mark Brookstein NLRB 0 Would Your Company’s Non-Compete Survive a Challenge in Court? Litigation over restrictive covenant agreements, including non-competes, is on the rise. Because such agreements are viewed as restraints on trade, they are generally disfavored by Illinois courts. In a recent decision, an Illinois appellate court followed suit, striking down as overbroad and unreasonable the non-compete, non-solicit and confidentiality provisions in an employment agreement. AssuredPartners, Inc. […] February 11, 2016 David Michael Litigation, Risk Management 0 Have You Really Lost “Control” Over Your “Independent Contractors”? Let’s talk for a bit about a rather hot topic lately—worker classification. We begin with a joke. Rich Hall, the comedian, has one about how to tell what economic class you’re in: “When you go to work in the morning, if your name is on the building—you’re rich, if your name is on your desk—you’re […] September 22, 2015 Mark Brookstein Employee Classification, Risk Management 0 Add Macy’s to That List, Not Your Shopping List Macy’s joins the growing list of employers that have violated Federal labor law.  Macy’s recently joined this list due to policies in its Code of Conduct (the “Handbook”).  A National Labor Relations Board Administrative Law Judge (“ALJ”) found these policies overbroad under the National Labor Relations Act (the “Act”). In short, the Act gives employees […] September 15, 2015 David Michael NLRB 0 DOL Issues Proposed Rule to Make Millions of Previously Exempt Employees Non-Exempt Currently, employers are not required to pay overtime (time and a half) to “exempt” employees who earn at least $23,660 per year ($455 per week). Exempt employees are those employed in bona fide executive, administrative, computer and outside sales positions. (For more info, check out http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.pdf) That could change rather drastically. The DOL has issued […] June 30, 2015 Mark Brookstein Department of Labor, Employee Classification 0 Abercrombie’s “Look Policy” Falls in the Face of Religious Freedom Under Title VII On June 1, 2015, the U.S. Supreme Court held that in order to prevail in a disparate-treatment claim, an applicant need show only that her need for accommodation was a motivating factor in the employer’s decision, not that the employer had actual knowledge of her need. In 2008, Samantha Elauf, a Muslim woman, applied for […] June 5, 2015 Mark Brookstein Litigation, New Laws and Regulations, Risk Management 0 Supreme Court Reigns In EEOC’s Ability to Shirk Duty to Conciliate Prior to Filing Suit Many of you employers out there have had the misfortune of receiving a “Charge of Discrimination” from the EEOC, alleging a violation of Title VII of the Civil Rights Act of 1964. The best outcome, of course, is that the EEOC makes a “no cause” determination after investigating and reading your position statement (and the […] May 6, 2015 Mark Brookstein EEOC, Litigation 0 NLRB Expands Employee Rights With Regard to Workplace Email In a split decision ruling on December 11, 2014, the National Labor Relations Board (“Board”) held that employees have the right to use their employers’ email systems for nonbusiness purposes, including soliciting, distributing and organizing employees. The Board’s decision is limited to: Employees who already have access to their employer’s email system in the course […] January 6, 2015 David Michael New Laws and Regulations, NLRB 0 NLRB Adopts New Ambush Rule In a significant change for employers facing a union representation election, the National Labor Relations Board (“NLRB” or “Board”) has adopted its “final rule” amending representation case procedures.  These procedures resolve certain existing representation disputes and provide detailed guidance on the NLRB’s representation procedures, from the petition being filed to post-election issues. Under the previous […] December 19, 2014 David Michael New Laws and Regulations, NLRB 0 Non-Unionized Employers and Employee Handbooks: The Low-Hanging Fruit at the NLRB 2014 has certainly been an interesting year at the National Labor Relations Board (“the Board”).  This year has seen the joint-employer rulings to the Northwestern student-athlete representation hearing decision out of Region 13 (Chicago).  In addition, potential repercussion of the Supreme Court’s Noel Canning decision, which voids every Board decision from January 4, 2012 to […] October 14, 2014 David Michael NLRB, Risk Management 0 Equal Employment Opportunity Commission Issues Updated Guidance On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidance on pregnancy discrimination, the first comprehensive update on the subject since the 1983 publication of a chapter on the subject in the Compliance Manual. The new guidance sets out the fundamental Pregnancy Discrimination Act (“PDA”) protections: that employers are prohibited […] August 14, 2014 David Michael EEOC, New Laws and Regulations 0 New Executive Order Prohibiting Federal Government Contractors from Discriminating Based Upon Sexual Orientation and Gender Identity On July 21, 2014, President Obama signed Executive Order (“EO”) 13672, designed to prohibit federal contractors from discriminating against employees based upon sexual orientation and gender identity and broadly prohibiting discrimination based on gender identity across all federal employment. EO 13672 amends two prior executive orders: EO 11246, issued by President Lyndon Johnson to prohibit […] August 11, 2014 David Michael New Laws and Regulations 0 New Executive Order Imposes Requirements to Promote Fair Pay and Safe Workplaces On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“EO”), which requires prospective federal contractors to disclose labor law violations and provides additional guidance to government agencies on how to consider labor violations when awarding contracts. The EO also encourages employers to settle existing disputes, ensures that workers are […] August 8, 2014 David Michael New Laws and Regulations 0 Ban the Box Arrives in Illinois Illinois joins the growing list of states which have enacted legislation banning employers from asking about criminal convictions on an employment application. The new law, signed on July 21, 2014, applies to private-sector employers that have 15 or more employees in the current or preceding calendar year. It becomes effective on January 1, 2015. The […] August 6, 2014 David Michael Hiring, New Laws and Regulations, Risk Management 0 New York City’s Earned Sick Time Act Goes Into Effect As of April 1, 2014, employers with five or more employees who are hired to work more than 80 hours a calendar year in New York City must provide paid sick leave under the new Earned Sick Time Act (“the Act”). Under the Act, the employer has to provide 40 hours of paid sick leave […] April 18, 2014 David Michael New Laws and Regulations 0 April 8, 2014, Executive Order Summary On April 8, 2014, President Obama issued an executive order (New EO) amending Executive Order 11246 (EO 11246) to prohibit discrimination or retaliation against employees of Federal government contractors for discussing compensation along with a Memorandum to the Secretary of Labor (the Memo) directing the Secretary of Labor (the Secretary) to propose a rule directing […] April 11, 2014 David Michael New Laws and Regulations 0 Non-Compete Agreements With At-Will Employees The Illinois Appellate Court recently issued a decision changing a fundamental aspect of the law on non-compete agreements in Illinois—which may cast doubt on the enforceability of non-compete agreements your company has put in place with new employees in the last two years. Prior to the court’s decision, Illinois law allowed an employer to enforce […] February 7, 2014 Mark Brookstein Litigation, Risk Management 0 Happy New Year: 2014 Changes to Illinois Law Along with the New Year come a number of changes to Illinois law that are certain to impact employers. The following changes took effect January 1, 2014: Social Media. The Right to Privacy in the Workplace Act, which was amended effective January 1, 2013 to prohibit employers from requiring employees to disclose usernames and passwords […] January 28, 2014 Mark Brookstein New Laws and Regulations 0 Subscribe for UpdatesRecent PostsChicago Expands Bystander Intervention TrainingNew Rules from the Illinois Department of Labor Aim to Protect Domestic WorkersWhat Employers Need to Know About the Upcoming Change to the Chicago Fair Workweek OrdinanceEEOC Issues Guidance on Caregiver Discrimination Related to COVID-19Congress Passes Landmark #MeToo BillCategoriesDepartment of Labor (12)EEOC (8)Employee Classification (2)General (34)Hiring (4)Litigation (13)New Laws and Regulations (81)NLRB (7)Risk Management (7) ©2020 Gould & Ratner LLPAll Rights ReservedAttorney AdvertisingDisclaimer222 North LaSalle Street, Suite 300, Chicago, IL 60601(312) 236-3003 O(312) 236-3241 F 00https://www.humanresourceslawblog.com/page/2/https://www.humanresourceslawblog.com/imagehttps://www.humanresourceslawblog.com/wp-content/themes/blake/https://www.humanresourceslawblog.com//#0077C8style1pagedNo more posts to load.Load More PostsLoading posts...0077C8/nas/content/live/bloghrlaw/#onnone/%postname%/#Sort Galleryhttps://www.humanresourceslawblog.com/wp-content/themes/blakeonnoyesoffononoffheader .header_social_icons, header .header_social_icons_wrapper{min-width:0px;}