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Background Weeks of phone and text banks, TV and radio advertisements, thousands of door-to-door campaigners, as well as strong pro-labor lobbying resulted in the recent passage of the Illinois Workers’ Rights Amendment. On November 8, 2022, the Workers’ Rights Amendment (also known as Section 25 of...
On December 7, 2022, President Biden signed into law the Speak Out Act (the “Act”), which prevents courts from enforcing certain non-disclosure and non-disparagement clauses related to claims of sexual assault or harassment. The Act, which was originally sponsored by Senator Kirsten Gillibrand in...
On November 29, 2022, the Superior Court of New Jersey, Appellate Division issued an opinion in Zuluga v. Altice USA stating a former employee must arbitrate her sexual harassment claims that arose in October 2021. In doing so, the appellate panel recognized that the Ending Forced Arbitration of...
Effective November 16, 2022, New Jersey will impose additional requirements on both the buyer and seller when a ‘health care entity’ undergoes a change in control. In accordance with S315, which was enacted on August 18, 2021, the State will require the selling health care employer entity to provide...
The New York Labor Law has been amended to clarify that workers may not be punished or disciplined for taking legally protected absences. Under Section 215 of the Labor Law, employers are prohibited from retaliating against workers for enumerated reasons, including instituting certain legal...
From coast to coast, new states are passing laws that require employers to implement clear pay transparency policies, such as providing specific salary ranges in their job postings. These laws are an expansion of the federal Equal Pay Act – which requires equal pay for equal work among similarly...
Washington, D.C.’s (D.C. or the District) Alcoholic Beverage Regulation Administration (ABRA) is now accepting applications for three new alcohol licenses that were created by the Reopen Washington D.C. Alcoholic Beverage Regulation Administration Amendment Act of 2022. We detail each of these...
By now, business owners and their counsel have become increasingly aware of the high volume of lawsuits filed across the country alleging that commercial websites violate Title III of the Americans with Disabilities Act (ADA), and similar state and local laws, for failing to make their websites...
The U.S. Food and Drug Administration (FDA or the Agency) today published in the Federal Register a proposed rule that, if finalized, would update the standards that food products must meet in order to be labeled as “healthy.” Per FDA, the proposed rule would “align the definition of ‘healthy’ with...
A federal jury in the Northern District of Illinois recently awarded nearly $23 million to the developer of a luxury hotel in Chicago’s trendy West Loop arising from multiple breaches of contract and fraud by its design-builder. What is particularly striking about the judgment in NHC LLC v. Centaur...
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some questions unanswered, it should provide some comfort to employers operating in an...
During the 2022 legislative session, the Virginia General Assembly passed Senate Bill 550 (“SB 550”), which Virginia Governor Youngkin signed into law. SB 550 amends a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute, prohibiting “pay-if-paid” clauses in...
The CFPB is now ready to directly regulate the purveyors of digital consumer marketing. The CFPB new rule clarifies when digital marketers and financial products sellers are subject to consumer protection regulations. Digital marketers that are "materially involved" in the development of content...
For the second time in a two-year span, the D.C. City Council voted in favor of largely banning non-compete agreements within the District. As we wrote in May 2021, the D.C. City Council initially passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which would have imposed...
This is a summer when many employees (and employers) may be done with COVID-19, but the virus is not done with us. While government mandates have virtually disappeared, the expected surge of omicron variants during 2022, and the resulting increase in absenteeism due to illness and quarantine...
On May 13, 2022, Governor J.B. Pritzker signed Senate Bill 3146, amending the Illinois “One Day Rest in Seven” Act into law. Shortly after, Governor Pritzker signed into law Senate Bill 3120, the Family Bereavement Leave Act, which amends the Child Bereavement Leave Act. Illinois employers should be...
A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a construction lender. See BCD Assocs., LLC v. Crown Bank, No. CV N15C-11-062 EMD...
Case: Bain v. Airoom, LLC, 2022 IL App (1st) 211001 A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable.
“Penny wise but pound foolish” first appeared in writing over 500 years ago. This idiom captures the wisdom of human experience in just five words: shortcuts that appear to save money are more expensive in the long run. Sometimes much more. Further proof of this eternal truth - and one taxpayer’s...
Saul Ewing’s Condominium and Community Associations Practice is pleased to once again offer its annual summary of the Illinois Condominium Property Act ("ICPA"). 2020 and 2021 were years that no one will soon forget, with condominium associations scrambling to ensure resident safety in the midst of...