Blog Post
01/27/2021
By Jason Tremblay and Alexander Reich

In 2015, Illinois became one of the first states to enact a “ban the box” law, preventing employers from inquiring about criminal histories on employment applications. The “ban the box” law followed a general prohibition in Illinois under the Illinois Human Rights Act (IHRA) on basing any employment decisions on an applicant’s or employee’s arrest history. Now, Illinois is set to go one step further and ban the use of criminal convictions in employment actions, with limited exceptions.

Blog Post
01/15/2021
By Antoinette Theodossakos

A recent decision by a federal court in Florida could invite protracted litigation for large employers who engaged in mass layoffs after the COVID-19 pandemic arrived, if those employers did not provide 60 days’ notice under the federal Worker Adjustment and Retraining Notification (WARN) Act and were hoping to rely on certain exceptions to the law’s notice requirements. In this recent case, Benson v. Enterprise Leasing Company of Florida, Case No.

Blog Post
01/13/2021
By Alexander Reich

On January 5, 2021, New York City Mayor Bill de Blasio signed two new laws that provide significant safeguards for workers in NYC’s fast food industry.

Effective July 4, 2021, fast food employees who have completed an initial 30-day probation period may not be terminated or have their hours cut by more than 15 percent without just cause or a bona fide economic reason. Just cause includes a failure to satisfactorily perform job duties or misconduct that is “demonstrably and materially harmful” to the employer’s legitimate business interests. Similarly, a bona fide economic reason is a full or partial closing of operations or technological or organizational changes to the business in response to the reduction in volume of production, sales, or profit.

Blog Post
01/11/2021
By Jason Tremblay
As a result of the COVID-19 pandemic, on December 29, 2020, the United States Department of Labor (DOL) announced that it will consider a telemedicine visit with a health care provider as an in-person visit when establishing a serious health condition under the Family and Medical Leave Act (FMLA).
Blog Post
01/08/2021
By Erik P. Pramschufer

Although the federal Family First Coronavirus Response Act (“FFCRA”) and state laws specifically tailored to the COVID-19 pandemic (such as the New York Quarantine Leave Law, which we discuss here have taken center stage throughout 2020, with the new year New York employers must be prepared to deal with the State’s new Paid Sick Leave Law and the City’s amendments to its existing Paid Safe and Sick Leave Law. These changes affect every employer, and will likely require policy and procedure amendments even where the employer already offers generous sick leave benefits.

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