Labor & Employment

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

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2022 Articles

3 Key Considerations Under GINA: The Federal Law You May Have Overlooked By Tracey I. Levy September 2022 The Genetic Information Nondiscrimination Act may be the sleepiest of the federal equal employment opportunity laws, the one that many employers have never heard of or have entirely forgotten.
Abruzzo’s Tweets Take Aim at Employer-Friendly Labor Law Precedent By Thomas Payne January 2022 National Labor Relations Board General Counsel Jennifer Abruzzo recently tweeted her intention to push for two fundamental pro-union changes to U.S. labor law. 
Addressing Employee Speech in Times of Controversy By Douglas Anspach, Jr. & Shawna Sorrell September 2022 Employers must consider how to address employees’ engagement in conversations regarding the decision in Dobbs v. Jackson Women’s Health Organization, both in the workplace and online.
Beware of the Illinois Employee Who Insists on Independent Contractor Status By Nancy J. Townsend February 2022 If a worker provides services at your place of business that are essential to your business, they are an employee under the Illinois Wage Claim Act
BIPA Class Actions: Liability of Third-Party Vendors By Jay Bogan September 2022 Ronquillo v. Doctor’s Associates, LLC, which held that section 15(b) of the Illinois Biometric Privacy Act applies to third-party vendors with no direct employment relationship with a BIPA plaintiff, adds to the growing line of pro-plaintiff decisions under that statute.
Can Offer Be Pulled if Job Candidate Won’t Follow Our Vaccine or Test Policy? By David S. Law July 2022 An overview of how to handle a job candidate who objects to sharing vaccination status when an employer's COVID-19 policy calls for vaccination or testing and masking.
Claimant Seeking Only Part-Time Work Found Ineligible for Unemployment Benefits By Michael R. Lied February 2022 A summary and analysis of Teresi v. Dep’t of Employment Security, et al.
CLE Panel Discusses Mediation and Arbitration Considerations Relating to Finance and Securities Industry By Hon. Michael S. Jordan, (ret.) December 2022 A summary of a recent CLE program presented by the Labor and Employment Law Section Council.
COVID-19 Vaccination Sweepstakes: Best Practices for Employee Incentives By Scott G. Kobil, Sarah A. Decker, & Erinn L. Rigney February 2022 In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees.
Does the False Claims Act Protect Whistleblowers Against Retaliation? By Jason Zuckerman February 2022 An overview of the protection the False Claims Act offers to whistleblowers.
The DOL Issues Guidance on Mental Health and the FMLA By Fiona W. Ong July 2022 An overview of the resources that the U.S. Department of Labor issued addressing employee use of leave under the Family and Medical Leave Act for mental health conditions.
Drivers’ Telematics Violates BIPA By Tracey Diamond & Molly DiRago February 2022 The recent flurry of telematics litigation should be a warning to companies using such technology that they must comply with BIPA if they have Illinois drivers.
The Economy of COVID and Avoiding Minor Grievances Going to Arbitration By Darrell L. Steinberg January 2022 A look at how unions can represent employees and handle the cost of arbitration during COVID.
Employer’s Failure to Timely Provide COBRA Election Notice Results in Retroactive Coverage and Penalties By Anne Tyler Hall July 2022 In Buford v. General Motors, L.L.C., the U.S. District Court of Michigan ruled that General Motors violated COBRA election notice requirements when it failed to timely provide an employee with a COBRA election notice upon his retirement. 
Illinois Construction Contractors Now Liable for Subcontractors’ Unpaid Wages By Jeffrey L. Hamera, Owen Newman, Eve I. Klein, Daniel O. Canales, Jennifer Long, & Chris J. Chasin July 2022 Last month, Gov. Pritzker approved amendments to the Illinois Wage Payment and Collections Act.
Illinois Employers Face New Health Coverage Reporting Requirement By Carrie E. Byrnes & Jorge M. Leon January 2022 Governor Pritzker signed the Consumer Coverage Disclosure Act into law earlier this year, which creates disclosure requirements for Illinois employers that provide group health insurance coverage to any employee(s) in Illinois.
Illinois Employment Law Updates for 2023 By Philip J. Pence December 2022 With the new year around the corner, Illinois employers need to be aware of amendments to two Illinois employment laws.
Illinois Equal Pay Law Changes Complicate Compliance By Jeremy Glenn, Brittany Green, & Sydney Holman February 2022 The state of Illinois took bold legislative action toward employee pay equality with sweeping amendments in 2021 to the state Equal Pay Act.
Illinois Limits Conscience-Based Vaccine Objections, While Other States Allow Them By Jill Vorobiev & Amy Harwath January 2022 On November 8, 2021, Governor J.B. Pritzker signed into law an amendment to the Illinois Health Care Right of Conscience Act, which will prevent employees from relying on the Act to avoid employer COVID-19 vaccine mandates.
Implementing Diversity, Equity, and Inclusion Initiatives in Hiring Without Running Afoul of Anti-Discrimination Laws By Jennifer G. Prozinski & Karel Mazanec September 2022 Best practice tips designed to help your organization navigate federal, state, and local anti-discrimination laws.
Is the Boss Right? Seventh Circuit Looks at Employer Judgment on ADA Claim By Amy Puckett & Anne Yuengert 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.
Just Like 2021, the DOJ and FTC Will Likely Remain Active in the Restrictive Covenant Space in 2022 By Scott Humphrey January 2022 An overview of the activity by the Department of Justice and Federal Trade Commission in 2021.
New Proposed Rule Would Require Project Labor Agreements With Unions on ‘Large-Scale’ Federal Construction Projects By Suzanne Sumner & Stephen Darby 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.
NLRB GC Memo Addresses Protections for Immigrant Workers By Fiona W. Ong January 2022 The general counsel of the National Labor Relations Board issued a memo on November 8, 2021, emphasizing that undocumented workers are still entitled to the protections of the National Labor Relations Act. 
Post-Roe: What Employers Should Know About Employees, Medical Coverage, and Privacy By Anne Hall September 2022 A post-Roe America raises new and challenging issues for employers concerning employment law, medical plan coverage, and employee privacy.
The So-Called ‘Workers’ Rights Amendment’ Will Hurt Illinois Employees By Julie A. Noel & Richard A. Russo October 2022 The so-called Workers’ Rights Amendment purports to create a fundamental right to bargain collectively and protect “economic welfare and safety at work,” among other things, but if ratified by voters on Nov. 8, it will hurt Illinois employees.
State Power and Workers’ Rights By Craig Colbrook October 2022 Even under federal labor law, Illinois can make life better for workers by passing the Workers’ Rights Amendment.
Supreme Court Underscores State Courts’ Role in Enforcing Federal Arbitration Act By Terri Reuter & Jason Marsico July 2022 Parties seeking to confirm or overturn an arbitration award in court may find themselves doing so in state court more frequently after the U.S. Supreme Court’s decision in Badgerow v. Walters.
Time Spent Booting Up Computers May Be Compensable Under the Fair Labor Standards Act By Tyler Johnson 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.
Upcoming November CLE – The Discipline of Securities Brokers By Alan M. Kaplan October 2022 Join an expert panel on Thursday, November 10, 2022, from 1:30 to 4:00 p.m. to learn how cases are initiated and how they progress at the Financial Industry Regulatory Authority and the American Arbitration Association.