Labor & Employment

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

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2025 Articles

Adverse Employment Actions Require a Decision Maker: Make Sure You Have One By Frank Shuster 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. 
AG Bondi Memo: Socioeconomic and “First Generation” Status Become Substitute “Proxies” for Discrimination: Part III By Tracey I. Levy 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 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. 
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 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.
The Current Status of Non-Compete Agreements: It’s Complicated By Meredith R. Miller 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.
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 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.
“Highest Wage Wins”: How HB 1189 Solves Conflicts Between State and Federal Labor Law By Craig Colbrook 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 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 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.
ISBA 2025 Solo and Small Firm Conference Photos October 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
LAWPAC Needs You! January 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.
Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim By Kate Griffin & Anne Yuengert 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.
Mandatory Referral to EAP May Be “Adverse Action,” Court Says By Robin Shea August 2025 This article discusses the burden of proof for harm and the effect of mandatory referrals to EAP under federal anti-discrimination laws. 
Many Words Saying Little Hide One New Front of Attack: AG Bondi Memo Defining “Unlawful DEI”: Part I By Tracey I. Levy 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. 
Never Accept a Generic Note From a Medical Professional Regarding an Employee By Frank J. Del Barto August 2025 An overview of best practices for an employer when faced with a note from a medical professional regarding an employee. 
New and Upcoming Illinois Employment Law Developments By Ariel M. Kelly & Michael D. Considine 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. 
NLRB Bans Mandatory Captive Audience Meetings By Jeffrey A. Risch 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. 
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman 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. 
Seventh Circuit Holds That Non-Disabled Employee Is Entitled to Back Pay Under Americans with Disabilities Act By John F. Kuenstler & Doug M. Oldham 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.
“Show Me the Money” Illinois’ New Job Posting Requirements That Took Effect January 1 By Michelle T. Olsen & Ariel M. Kelly 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.