Numerous Employment Law Developments to Be Aware Of

By Lindner & Marsack, S.C.

June 26, 2023

As the first half of the year draws to a close, we take this opportunity to provide a summary of recent developments. If you have any questions about these or other developments, please don’t hesitate to contact a member of the Lindner & Marsack employment law team.

REMINDER: EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES
On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) will go into effect. Read more

BOOTING UP COMPUTER NOT COMPENSABLE UNDER THE FLSA
At least one federal court has concluded that booting up and shutting down a computer is not compensable. Read more

NLRB SAYS THAT NON-COMPETE AGREEMENTS SHOULD BE DEEMED UNLAWFUL
Continuing a very aggressive employee- and union-friendly agenda, the NLRB General Counsel issued a memo setting forth her view on non-compete agreements. Read more

OFCCP HAS UPDATED MANDATORY DISABILITY SELF-IDENTIFICATION FORM
Federal government contractors and subcontractors are required to invite applicants (pre and post offer) and employees (including every five years) to self-identify as an individual with a disability. Read more

DOL ISSUES OPINION LETTER RELATING TO HOLIDAYS FOR EMPLOYEES ON FMLA
The Department of Labor (DOL) has recently issued an opinion letter providing clarification on how to calculate an employee’s leave entitlement under the FMLA when leave is taken during a week that includes a holiday. Read more

COVID-RELATED I-9 FLEXIBILITIES SLATED TO END ON JULY 31, 2023
On July 31, 2023, DHS will end these COVID-related flexibilities, and require employers to inspect employee identification and employment authorization documents in-person. Read more 

COURT FINDS EMPLOYEE’S TERMINATION FOR VIOLATION OF EMPLOYER’S ATTENDANCE POLICY CONSTITUTES MISCONDUCT FOR PURPOSES OF RECEIVING UNEMPLOYMENT BENEFITS
Circuit Court affirms holding from Beres that an employee who is terminated for violating his employer’s attendance policy is terminated for “misconduct” for purposes of Wisconsin’s unemployment compensation statute. Read more

EEOC ISSUES UPDATE RELATING TO ARTIFICIAL INTELLIGENCE
On May 18, 2023, the EEOC issued guidance clarifying the potential risks employers may face if the artificial intelligence tool being used results in an adverse discriminatory impact. Read more

NEW MISCONDUCT STANDARD SET BY NLRB GIVES EMPLOYEES SIGNIFICANT LEEWAY IN TONE OF COMMUNICATIONS WITH MANAGEMENT
On May 1, 2023, the National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Read more

THE ILLINOIS PAID LEAVE FOR ALL WORKERS ACT PROVIDES EMPLOYEES WITH PAID LEAVE FROM WORK FOR ANY REASON AND WITHOUT ANY DOCUMENTATION
Effective January 1, 2024, the Illinois Paid Leave for All Workers Act (Act) will grant most Illinois employees the right to earn up to 40 hours of paid leave annually. Read more

ADDITIONAL UPDATES FOR CLIENTS WITH ILLINOIS OPERATIONS
Clients with employees or operations in Illinois should be aware of changes which place additional obligations on their operations. Read more

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