Employers: Restrictive Covenant Reform Is Coming to Illinois in 2021
June 16, 2021
Recently, the Illinois General Assembly passed legislation significantly amending the Illinois Freedom to Work Act, which governs the legality and enforceability of non-compete agreements and other post-employment restrictive covenants.
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Why Employers Shouldn’t Dismiss Workplace Rumors and Gossip—Courts Aren’t
June 3, 2021
A workplace rumor, especially a salacious one involving a high echelon employee, can take on a life of its own and reverberate throughout the workplace in unforeseen ways that can result in potential liability to an employer and result in expensive litigation.
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What Employers Need to Know about Alabama's Medical Marijuana Law
May 21, 2021
On  May  17th,  Alabama Governor Kay Ivey signed Alabama’s Medical Marijuana law, joining more than 30 other states which permit physician prescribed use of marijuana for certain medical conditions.
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Minnesota: Medical Marijuana, Mask Mandates and More
May 21, 2021
On May 13, 2021, the Centers for Disease Control and Prevention issued updated recommendations directing that fully vaccinated individuals (defined as persons who are two weeks past their final COVID-19 vaccination), “no longer need to wear a mask or physically distance in any setting,” except where required by local, business, or workplace rules.
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“Reassignment is the Reasonable Accommodation of Last Resort”
May 13, 2021
So my partners and I have repeatedly written that, under the Americans with Disabilities Act, employers – not employees – get to choose among available accommodations to enable an employee with a disability to perform their essential job functions or enjoy equal privileges and benefits of employment.
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California Requires Employers To Register For CalSavers If Employers Do Not Offer Employer-Sponsored Retirement Plan
May 12, 2021
CalSavers – California’s state-run individual retirement account program for workers whose covered employers do not offer retirement savings plans – is not preempted by the federal law of employee benefits, the Ninth Circuit Court of Appeals ruled.
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The First 100 Week 14: Pro-Labor and Judicial Nominations Continue and DOL Focuses on Worker Status, Pushes for More Investigators
April 29, 2021
In the final week of first 100 days of the Biden administration, significant labor and employment activity includes a Department of Labor official and two judicial nominations sent to the Senate, a push from the DOL Wage and Hour Division for the expanded enforcement, a call to employers to provide paid time off for employees to get vaccinated, and the White House’s release of fact sheets signaling the administration’s strong support for union-friendly policy initiatives.
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“Taking a Trip Is Not Protected Activity Under the FMLA”
April 28, 2021
A federal court tossed an employee’s rather cheeky claims of interference with her rights under the Family and Medical Leave Act, as well as retaliation for taking FMLA leave, when she was fired after taking a trip to Thailand
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EEO-1 Required Data Collection Now Open (through July 19, 2021)
April 27, 2021
On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) issued a bulletin announcing that required EEO-1 component data collection for 2019 and 2020 is now open for reporting.
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[Don’t] Keep the Change: NLRB Declines to Modify its “Contract Bar” Rule
April 22, 2021
After receiving requested briefs from employer advocates, unions, lawmakers, and public input, the National Labor Relations Board (“NLRB”) declined to modify its “contract bar” rule in a decision released on Wednesday, April 21.
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The First 100 Days of the Biden Administration: Labor and Employment Activity
April 20, 2021
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
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How Badly Are Things Going for Unions Right Now?
April 15, 2021
Unions have been back in the news again so it seems like a good time for a brief check-in to see how they are faring.
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Tweets Follow

Jul 29

New @shrm Court Report: Employee Responsible for Breakdown in ADA Interactive Process

Jul 28

Join us for a free webinar Aug 24: Abortion, Religion, Guns and Unions: What Should Employers Do? Sign up details h…

Jul 26

New @shrm Court Report: Court Skeptical of Employer’s Reasoning for RIF