Section Newsletters

Articles on Labor and Employment Law

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.
Practical Suggestions for Employers from the EEOC’s New Harassment Guidance By Fiona Ong & Evan Conder Labor and Employment Law, June 2024 On April 29, 2024, the Equal Employment Opportunity Commission issued its long-promised Enforcement Guidance on Harassment in the Workplace. 
‘Every One of Us Can Make a Difference!’ By Hon. Michael S. Jordan Human and Civil Rights, February 2024 Individually and jointly, the many agencies play a major role in the lives and welfare of all.
‘Every One of Us Can Make a Difference!’ By Hon. Michael S. Jordan Labor and Employment Law, December 2023 Individually and jointly, the many agencies play a major role in the lives and welfare of all.
Illinois Employment Update 2024 By Patrick F. Moran, Susan J. Best, & Brian Roth Labor and Employment Law, December 2023 Summaries of laws that go into effect in 2024 that Illinois employers should prepare for.
NLRB and OSHA Announce Partnership Over Worker Safety Protections By Heather L. McDougall, Kaiser H. Chowdhry, David R. Broderdorf, John F. Ring, Michael K. Taylor, & Megan L. Lipsky Labor and Employment Law, December 2023 The National Labor Relations Board and Occupational Safety and Health Administration executed a memorandum of understanding regarding a partnership designed to strengthen their efforts to protect workers who either speak out about health and safety working conditions or engage in potential protected activity that triggers anti-discrimination and/or whistleblower protection under both federal labor law and health and safety laws.
The NLRB Ends August 2023 With a Bang By Richard A. Russo Labor and Employment Law, December 2023 Summaries of pro-union/employee decisions made by the National Labor Relations Board in August 2023.
EEOC Issues Draft Regulations on the Pregnant Workers Fairness Act – Key Takeaways for Employers By Angela Vogel, Meg A. Burnham, & Arielle Spinner Labor and Employment Law, September 2023 The U.S. Equal Employment Opportunity Commission recently unveiled draft regulations and guidance on the new federal Pregnant Workers Fairness Act.
The Evolving But-For Standard in Employment Law By Elisabeth Mustoe Labor and Employment Law, September 2023 In its most recent ruling on the subject of mixed motive versus but-for causation, the U.S. Supreme Court announced that discrimination claims brought under Section 1981 of the Civil Rights Act of 1866 are subject to the heightened but-for standard.
Illinois Amends Day and Temporary Labor Services Act By Katharine P. Lennox, Dawn Cutlan Stetter, & Michael R. Phillips Labor and Employment Law, September 2023 On Aug. 4, 2023, Illinois Gov. J.B. Pritzker signed House Bill 2862 / Public Act 103-437, making significant changes to Illinois’ Day and Temporary Labor Services Act.
Illinois Legislature Passes More Employee-Friendly Bills By Daniel O. Canales & Jennifer Long Labor and Employment Law, September 2023 Summaries of new employee-friendly bills that will impose new obligations for Illinois employers.
The Supreme Court Redefines the Religious Accommodation Obligation for Employers By Fiona W. Ong & Elizabeth Torphy-Donzella Labor and Employment Law, September 2023 On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial.
U.S. Department of Labor Announces Final Rule Revamp of the Davis-Bacon Act By Timothy Taylor & Nicole Elliott Labor and Employment Law, September 2023 The U.S. Department of Labor has announced the finalization of its new rule relating to the Davis-Bacon Act.
Say What? NLRB Rules Employees May Tape Record Others in Violation of State Law By Elizabeth Torphy-Donzella Labor and Employment Law, July 2023 A summary of the National Labor Relations Board's ruling against Starbucks, clarifying whether employees can be disciplined for recording conversations with management officials.
Supreme Court Rules High Earning Professionals Are Not Overtime-Exempt if Paid Hourly By Kenneth Kirschner, Zachary Siegel, & Heather McAdams Labor and Employment Law, July 2023 In Helix Energy Solutions Group, Inc. v. Hewitt, the U.S. Supreme Court provided important guidance for employers with high earning employees.
With Charge Against Apple, NLRB General Counsel Seeks to Expand Scope of Protected Concerted Activity By Nicholas S. Ruble Labor and Employment Law, July 2023 Apple was recently charged with violating the NLRA by enforcing a facially neutral policy against solicitation and distribution in the workplace.
Congress Delivers New Protections for Pregnant and Nursing Mothers By Becky L. Kalas & Paige Lyle Labor and Employment Law, February 2023 As 2022 came to a close, President Biden signed the 2023 omnibus government funding bill, which include two provisions that expand protections for pregnant and nursing employees.
Contractor Agreements Subject to Federal/State Law Prohibitions on Confidentiality and Nondisparagement By Tracey I. Levy Labor and Employment Law, February 2023 In yet another example of laws blurring the distinction between employees and independent contractors, organizations need to beware that the prohibitions on confidentiality and nondisparagement agreements embodied in the federal Speak Out Act and various state laws often are equally applicable to independent contractor agreements.
Final Regulations Governing Illinois Equal Pay Act’s Certification Requirements Are Published By Stacey A. Bastone, Thomas E. Berry, Jr., Daniel Corbett, & Thanin O. Stewart Labor and Employment Law, February 2023 The long-awaited regulations from the Illinois Department of Labor governing the amendments to the Illinois Equal Pay Act were published, further clarifying the practical implications of obtaining an equal pay registration certificate under the IEPA.
Newly Enacted Federal ‘Speak Out Act’ Limits Use of Some Sexual Harassment NDAs By Michael Arnold & Corbin Carter Labor and Employment Law, February 2023 President Biden has signed into law the federal Speak Out Act limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. 
NLRB Expands Standard Remedy Available for Unfair Labor Practices By David Phippen Labor and Employment Law, February 2023 The National Labor Relations Board, in a recent 3-2 decision, expanded the remedy available for unfair labor practices to include a make-whole remedy for “all direct or foreseeable pecuniary harms” resulting from the violations. 
CLE Panel Discusses Mediation and Arbitration Considerations Relating to Finance and Securities Industry By Hon. Michael S. Jordan, (ret.) Labor and Employment Law, December 2022 A summary of a recent CLE program presented by the Labor and Employment Law Section Council.
Illinois Employment Law Updates for 2023 By Philip J. Pence Labor and Employment Law, December 2022 With the new year around the corner, Illinois employers need to be aware of amendments to two Illinois employment laws.
Is the Boss Right? Seventh Circuit Looks at Employer Judgment on ADA Claim By Amy Puckett & Anne Yuengert Labor and Employment Law, December 2022 In Larry Tate v. Thomas Dart, the court examined an employee’s claim that his employer’s refusal to promote him because it could not accommodate his medical restrictions violated the Americans with Disabilities Act.
New Proposed Rule Would Require Project Labor Agreements With Unions on ‘Large-Scale’ Federal Construction Projects By Suzanne Sumner & Stephen Darby Labor and Employment Law, December 2022 On August 19, the Federal Acquisition Regulatory Council proposed a rule to require labor agreements with unions on “large-scale” federal construction projects.
Time Spent Booting Up Computers May Be Compensable Under the Fair Labor Standards Act By Tyler Johnson Labor and Employment Law, December 2022 In Cadena v. Customer Connex LLC, the appellate court considered whether the time employees spend booting up and shutting down their computers is compensable under the Fair Labor Standards Act.

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