Section Newsletters

Articles on Labor and Employment Law

Another Year, Another Flurry of Illinois Employment Legislation Brings Expanded Employee Rights and Employer Obligations By Daniel Canales & Jennifer Long Labor and Employment Law, January 2026 Governor J.B. Pritzer signed over 200 bills in late 2025, all of which have become effective on or by January 1, 2026. Several statutes may impact labor and employment law practice, including the Family Neonatal Intensive Care Leave Act, Illinois Human Rights Act, Wage Payment and Collection Act, Military Leave Act, and more. 
Can a Member of a Metal Band Be Fired at Will? By Robin Shea Labor and Employment Law, January 2026 Chris Beattie, a founder of and bass player for the metalcore band Hatebreed is suing over his dismissal from the band. Despite several claims relating to Mr. Beattie's termination from the band, it is highly likely his claims will be unsuccessful. 
Illinois AI Employment Law Goes Live Soon: Are Your Hiring Practices Compliant? By Liisa Thomas & Julia K. Kadish Labor and Employment Law, January 2026 An Illinois law addressing the use of AI in the workplace took effect on January 1, 2026. The law applies to employers, employment agencies, and labor organizations within Illinois that use AI for decisions like hiring, promotion, discharge, and other terms of employment. AI is defined broadly and includes not only generative AI but any machine-based system that generates outputs influencing employment decisions, with no specific exemptions provided.
President Trump’s Cannabis Rescheduling Order: Implications for Employment Law and Workplace Practice By Keya Denner & Tammy Woolley Labor and Employment Law, January 2026 Learn more about the Administrative Order, signed by Donald Trump, on December 18, 2025, directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act. Although the Order focuses primarily on expanding medical marijuana and cannabidiol research, its language—and the federal findings it endorses—have potentially significant implications for employment law and workplace practices across the United States.
When HR Becomes the Problem: A Worker Side Employment Lawyer’s Take on the $11.5m SHRM Verdict By David J. Fish Labor and Employment Law, January 2026 Even though human resources departments are supposed to be the internal guardrails, HR is often the accelerant. A look at the recent jury verdict against the Society for Human Resource Management highlights the importance of HR departments to protect the company and to protect fairness. 
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman Intellectual Property, December 2025 In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court. 
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman General Practice, Solo, and Small Firm, November 2025 In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court. 
AG Bondi Memo: Socioeconomic and “First Generation” Status Become Substitute “Proxies” for Discrimination: Part III By Tracey I. Levy Labor and Employment Law, October 2025 A three-part series examining the memo issued by Attorney General Pam Bondi regarding the federal government's policies on diversity, equity and inclusion (DEI) initiatives. Part III highlights the meaning of "proxies" in the AG's memo, and sets out ways an employer can minimize liability risks.
AG Bondi Memo: When DEI Efforts Will Come Under the DOJ’s Fire: Part II By Tracey I. Levy Labor and Employment Law, October 2025 A three-part series examining the memo issued by Attorney General Pam Bondi regarding the federal government's policies on diversity, equity and inclusion (DEI) initiatives. Part II discusses the steps organizations should take to ensure that their DEI policies are not subject to penalties. 
Many Words Saying Little Hide One New Front of Attack: AG Bondi Memo Defining “Unlawful DEI”: Part I By Tracey I. Levy Labor and Employment Law, October 2025 A three-part series examining the memo issued by Attorney General Pam Bondi regarding the federal government's policies on diversity, equity and inclusion (DEI) initiatives. Part I explores practices that have been deemed offensive by the DOJ. 
“Highest Wage Wins”: How HB 1189 Solves Conflicts Between State and Federal Labor Law By Craig Colbrook Labor and Employment Law, September 2025 The definition of "public works" has been changed under the Illinois Prevailing Wage Act by HB 1189--this could have far-reaching impacts of which law prevails when there is a conflict between the PWA and the federal Davis Bacon Act. 
Illinois Enacts New Neonatal Intensive Care Leave Act By Kimberly A. Ross Labor and Employment Law, September 2025 The Neonatal Intensive Care Leave Act (NICLA), signed by Governor Pritzker on August 15, 2025, will require employers meeting certain qualifications to provide unpaid leave to all employees when a child of the employee is a patient in the NICU. 
Important Legal Development: Illinois Severance Agreements By Jeralyn H. Baran Labor and Employment Law, September 2025 A look at key changes to the Illinois Workplace Transparency Act and potential actions employers should be taking to ensure that employment and separation agreements are in compliance with the amended Act.
New and Upcoming Illinois Employment Law Developments By Ariel M. Kelly & Michael D. Considine Labor and Employment Law, September 2025 An overview of amendments to Illinois state laws and Chicago municipal laws that impact the practice of employment law, including broadened definition of "business," military leave to allow participation in funeral honors, AI and civil rights violations, and more. 
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman Labor and Employment Law, September 2025 In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court. 
Adverse Employment Actions Require a Decision Maker: Make Sure You Have One By Frank Shuster Labor and Employment Law, August 2025 A summary of a recent case from the U.S. Court of Appeals for the Sixth Circuit and its implications on ensuring employers designate a decision-maker when instituting termination decisions. 
The Current Status of Non-Compete Agreements: It’s Complicated By Meredith R. Miller Labor and Employment Law, August 2025 The approach to policing non-competes has shifted with the political sands and, since the FTC rule has been abandoned, we are left with a state-by-state patchwork and very little certainty for most employers and employees.
Mandatory Referral to EAP May Be “Adverse Action,” Court Says By Robin Shea Labor and Employment Law, August 2025 This article discusses the burden of proof for harm and the effect of mandatory referrals to EAP under federal anti-discrimination laws. 
Never Accept a Generic Note From a Medical Professional Regarding an Employee By Frank J. Del Barto Labor and Employment Law, August 2025 An overview of best practices for an employer when faced with a note from a medical professional regarding an employee. 
Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim By Kate Griffin & Anne Yuengert Labor and Employment Law, May 2025 Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes employers from requiring employees to arbitrate sexual harassment claims. But what if the alleged harassment occurred before the EFAA effective date? A recent Sixth Circuit opinion, Memmer v. United Wholesale Mortgage, LLC, answered this question.
Seventh Circuit Holds That Non-Disabled Employee Is Entitled to Back Pay Under Americans with Disabilities Act By John F. Kuenstler & Doug M. Oldham Labor and Employment Law, May 2025 The Seventh Circuit recently held that an employee who was neither disabled nor perceived as disabled was entitled to back pay damages under the ADA. The court found that a medical exam requirement constituted a form of disability discrimination, even though the plaintiff had no actual or perceived disability. Given this ruling, employers should be cautious when requiring medical examinations and ensure the examinations are clearly job-related and consistent with business necessity.
And a Happy New Year: What Illinois Employers Should Prepare for in 2025 By Heather A. Jackson, Andrew S. Murphy, Julie Ratliff, David L. Weinstein, Elizabeth Wellhausen, & Benjamin S. Morrell Labor and Employment Law, January 2025 A number of new and amended Illinois laws went into effect on Jan. 1, 2025. Here is a brief summary of those changes and recommended actions Illinois employers may wish to consider.
Federal Judge Blocks the U.S. Department of Labor’s Overtime Exempt Salary Increase Rule on a National Scale By Laurie E. Meyer & Kevin Kleine Labor and Employment Law, January 2025 A federal judge in Texas recently invalidated the United States Department of Labor’s rule that raised the minimum salary levels under the Fair Labor Standards Act “white collar” exemptions. This ruling impacts employers and workers throughout the U.S.
NLRB Bans Mandatory Captive Audience Meetings By Jeffrey A. Risch Labor and Employment Law, January 2025 The National Labor Relations Board, in Amazon.com Services LLC and Dana Joann Miller and Amazon Labor Union, November 13, 2024, outright banned mandatory meetings at which an employer expresses its views on unionization and educates workers on the good, bad, and ugly of union membership (“captive audience meeting”). The NLRB held that mandatory captive audience meetings constitute an automatic unfair labor practice that violates section 8(a)(1) of the National Labor Relations Act. 
“Show Me the Money” Illinois’ New Job Posting Requirements That Took Effect January 1 By Michelle T. Olsen & Ariel M. Kelly Labor and Employment Law, January 2025 Illinois joined a growing number of jurisdictions, including California, Colorado, New York, and Washington, that require employers to include pay and/or benefits information in job postings. This article summarizes January 1's changes to posting requirements, recordkeeping, noncompliance consequences, and more. 
Effect of the Supreme Court’s Decision in Muldrow v. City of St. Louis on the Seventh Circuit’s Adverse Employment Action Standard By Bethany Ao & Josh Leopold Labor and Employment Law, August 2024 A recent U.S. Supreme Court decision, Muldrow v. City of St. Louis, is likely to result in the modification of the standard the seventh circuit has applied in cases arising under Title VII of the Civil Rights Act of 1964.
Pennsylvania Federal Court Refuses to Enjoin FTC’s Noncompete Rule, Creates Split in Federal Courts By Daniel Pasternak & Laura Lawless Labor and Employment Law, August 2024 The U.S. Federal Trade Commission issued a final rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future.
Traditional Equitable Principles Guide NLRB Section 10(j) Preliminary Injunctions By Jacqueline Longfellow & Nicholas Ruble Labor and Employment Law, August 2024 The U.S. Supreme Court rejects special injunction rules for NLRB cases, applying traditional equitable framework.
Traditional Equitable Principles Guide NLRB Section 10(j) Preliminary Injunctions By Jacqueline Longfellow & Nicholas Ruble Federal Civil Practice, August 2024 The U.S. Supreme Court rejects special injunction rules for NLRB cases, applying traditional equitable framework.
OSHA Final Rule Impacting Employee and Union Rights During Inspections By Charles Palmer & Corissa Pennow Labor and Employment Law, June 2024 On April 1, 2024, the Department of Labor published its final rule regarding worker walkaround representative designation during an Occupational Health and Safety Administration inspection.

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