Labor & Employment

The newsletter of the ISBA’s Section on Labor & Employment Law

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2021 Articles

2022 Will Bring Strict Limits on Illinois Non-Compete and Non-Solicitation Agreements By Neal F. Perryman, Brian P. Pezza, & Katherine McWherter October 2021 On January 1, 2022, Illinois’ amendment to the Illinois Freedom to Work Act will take effect. The amended statute will render unenforceable non-compete agreements with employees earning less than $75,000 annually.
Arbitration for the Future Occurring in the Present By Hon. Michael S. Jordan April 2021 A look at virtual arbitration during COVID-19.
Chicago Amends Minimum Wage & Paid Sick Leave Ordinance: What Employers Need to Know By Patrick M. DePoy & Christy E. Phanthavong September 2021 A summary of the amendments made to Chicago's Minimum Wage and Paid Sick Leave Ordinance.
COVID Considerations: Long COVID Now a Disability By Barbara E. Hoey & Sebastian Clarkin September 2021 On July 26, 2021, the U.S. Department of Health and Human Services Office for Civil Rights and the U.S. Department of Justice Civil Rights Division jointly published guidance on whether long COVID may qualify as a disability subject to the nondiscrimination requirements of the Americans with Disabilities Act, the Rehabilitation Act, and the Affordable Care Act.
Criminal Convictions No Longer an Automatic Disqualifier for Employment By Carl R. Draper September 2021 Public Act 101-656 made two significant changes to the Illinois Human Rights Act, including limiting the ability of employers to rely on conviction records in making employment decisions.
DOL Will Consider Telemedicine an ‘In-Person’ Visit By Garrett David Kennedy March 2021 On December 29, 2020, the Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2020-8 addressing the use of telemedicine in establishing a serious health condition under the Family and Medical Leave Act.
Employee’s Misconduct Disqualifies Her From Receiving Unemployment Benefits By Michael R. Lied April 2021 A summary and analysis of Ken’s Beverage, Inc. v. Michelle P. Wood.
Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits By Fiona W. Ong October 2021 The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act.
Employers Beware: The EEOC Is Monitoring Use of Artificial Intelligence By Dan Butler & Kevin White October 2021 The Equal Employment Opportunity Commission is monitoring employers’ artificial intelligence in the workplace to ensure compliance with anti-discrimination laws.
Employers Must Take Action on Temporary COBRA Subsidy by May 31, 2021 By Dipa N. Sudra April 2021 The American Rescue Plan Act provides a 100 percent COBRA subsidy to eligible individuals from April 1, 2021, through September 30, 2021.
Existence of Employment Contract Bars Retaliatory Discharge Claim; School Principal Qualifies as ‘Minister’ So That Whistleblower Claim Fails By Michael R. Lied March 2021 In a recent case, the Illinois Supreme Court ruled that an ex-employee who had been employed under an employment agreement could not state a claim for common law retaliatory discharge.
Fourth Circuit Ruling Finds Employee Is Not a ‘Qualified Individual’ Under ADA When Employee Fails to Comply With Valid Safety Requirement By Melissa Fried Spence March 2021 In December 2020, the U.S. Court of Appeals for the Fourth Circuit found that a former employee did not meet the definition of a “qualified individual” to afford protection under the Americans with Disabilities Act because of her failure to comply with a valid safety requirement for her position.
Illinois Bill Limits Employers’ Use of Criminal Conviction Records, Mandates New Equal Pay Registration Certificate and Employee Composition Data Annual Report By Dan Canales & Jennifer Long March 2021 On January 13, 2021, the Illinois General Assembly passed Senate Bill 1480, which includes key amendments with new requirements for Illinois employers under the Illinois Human Rights Act, the Illinois Equal Pay Act of 2003, and the Illinois Business Corporation Act.
Illinois DOL Issues COVID-19 Vaccine Compensation/Leave Guidance By Christy E. Phanthavong April 2021 With an express purpose of encouraging employees and their families to get the COVID-19 vaccine, the Illinois Department of Labor recently issued guidance for employers regarding compensation and paid leave in connection with absences for vaccine appointments.
Illinois Extends Employment Protections to Applicants and Employees With Prior Criminal Convictions By Michael D. Gifford April 2021 Recent Illinois Human Rights Act amendments create new protections for job applicants with prior criminal convictions.
Illinois Governor Signs Restrictive Covenant Bill Into Law By Steven J. Pearlman, Edward Young, & Dakota D. Treece September 2021 On August 13, 2021, Illinois Governor J.B. Pritzker signed into law an amendment to the Illinois Freedom to Work Act, which imposes restrictions on the use of non-competition and non-solicitation restrictive covenants for Illinois employees.
Illinois Restrictive Covenants Face a Sea Change if Bill Passes By Christopher Hennessy & Jeremy Glenn March 2021 A bill was introduced in the Illinois Legislature in January that, if made into law, would rewrite significant aspects of the law of restrictive covenants entered into after the effective date of its adoption, including barring some altogether.
NLRB General Counsel Issues Memos Calling for New Harsher Penalties for Unfair Labor Practice Violations By John Bolesta, Keahn Morris, James Hays, & Myles Moran October 2021 Two recent National Labor Relations Board memoranda send a clear messages to employers that the Board will be aggressively seeking new remedies for violations of the National Labor Relations Act.
NLRB: An Inference of Union Animus Must Be Grounded in Sufficient Supporting Evidence Under Wright Line By Elizabeth Dailey, Josh Fox, & Mark Theodore March 2021 In December, the National Labor Relations Board discussed the sufficiency of evidence in drawing an inference of union animus in Volvo Group North America.
‘Notorious Nine’ Mistakes by Employers in Dealing With the EEOC By Robin Shea April 2021 Nine mistakes that employers make when working with the Equal Employment Opportunity Commission.
Update on Vaccine Requirements and Roll Out of the Path Out of Pandemic Plan By Brittany Barrientos, Amy Conway, Susan Warshaw Ebner, Eric Whytsell, Zach Buchheit, & Allison Kruse October 2021 Considerations for employers as they continue to navigate COVID-19 safety in the workplace.
U.S. Supreme Court’s Van Buren Decision Limits Employer’s Ability to Bring CFAA Claims Against Employees By Jiwon Juliana Yhee September 2021 In Van Buren v. United States, the U.S. Supreme Court resolved a long-standing circuit split regarding the reach of the Computer Fraud and Abuse Act.