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On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their “family responsibilities.” Illinois is the sixth state to offer this type of...
On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices. The law is comprehensive in that it restricts employers from using AI that has the effect of...
On August 23, 2024, the Fifth Circuit Court of Appeals vacated the U.S. Department of Labor’s (DOL) much maligned 80/20 rule, which has largely been in flux in the decades since it was first introduced in a Field Operations Handbook in 1988. Under the 80/20 rule, up to 20 percent of a tipped...
On July 31, 2024, Massachusetts Governor Maura Healy signed into law the Frances Perkins Workplace Equity Act (the “Act”). The Act—aimed at promoting wage equity and transparency—imposes new requirements relating to both pay disclosure and pay data reporting on many businesses with employees in...
By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule from its beginning, through various stages of the different legal challenges...
On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality of the circumstances in a Title VII sexually hostile work environment claim...
In the recent decision of New Jersey Staffing Alliance v. Fais, — F.4th —- (3d. Cir. July 24, 2024), the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law. New Jersey’s Temporary Workers’...
On Tuesday, July 23, 2024, Eastern District of Pennsylvania Judge Kelley Brisbon Hodge declined to enjoin application of the FTC’s administrative rule banning the majority of non-competes in the country (the “Rule”) when she denied ATS Tree Services, LLC’s (“ATS”) motion for a stay and a preliminary...
On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly broad non-compete and non-solicitation clauses unduly restrict employees’...
Introduction Following the hottest June on record and with temperatures rising as we approach the dog days of summer, OSHA recently issued a long-awaited proposed rule creating standards for heat injury and illness prevention in outdoor and indoor settings (the “Proposed HIIP Rule”). Created...
The Supreme Court’s highly-anticipated decision in Loper Bright Enters v. Raimondo overturned decades-old precedent requiring courts under Chevron USA v. Natural Resources Defense Council, Inc. to defer to federal agency interpretations of an ambiguous statute. This ruling will have momentous...
According to the Equal Employment Opportunity Commission (EEOC), numerous factors increase the risk of harassment in the construction industry, including a relatively homogeneous workforce, pressure to conform to traditional stereotypes, decentralized workplaces, multiple employers at one worksite...
In a win for employers facing unfair labor practice charges, the Supreme Court’s holding in Starbucks v. McKinney makes it more difficult for the National Labor Relations Board (NLRB) to obtain Section 10(j) injunctions. Section 10(j) of the National Labor Relations Act (NLRA) provides the NLRB the...
On July 1, 2024, Governor Newsom signed legislation that makes significant changes to California's notorious Private Attorneys General Act (PAGA) to become effective immediately as an urgency measure. While the new provisions provide some welcome relief to employers, they did not repeal PAGA and...
As previously reported here, the U.S. Department of Labor (USDOL) issued its final rule providing that, effective July 1, 2024, the salary threshold under the Fair Labor Standards Act (FLSA) for the white collar overtime exemptions would significantly increase. Specifically, the final rule provides...
On July 1, 2024, three ordinances go into effect that will alter critical employment laws for Cook County and Chicago businesses. These three ordinances are: (1) the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, (2) the One Fair Wage Ordinance, and (3) the Cook County’s Minimum Wage...
Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Prior to the ruling, many lower courts had long required Title VII plaintiffs...
As most New Jersey employers are already aware, since 2019, the State’s Law Against Discrimination (LAD) prohibits employers from enforcing contract provisions that have the effect of preventing an employee or former employee from discussing any allegations of discrimination, harassment or...
This November, California voters may have the opportunity to replace the controversial Labor Code Private Attorneys General Act (“PAGA”) by voting on a proposed bill that would double penalties for willful labor-law violators, but would eliminate employees’ ability to file private lawsuits on behalf...
On April 24, 2024, the U.S. Department of Justice (DOJ) published in the Federal Register a final rule on Accessibility of Web Information and Services of State and Local Government Entities. These regulations are at 28 C.F.R part 35. The new regulation largely tracks the DOJ’s Notice of Proposed...