In an uncommon bipartisan move, the House and Senate have sent to President Biden’s desk for signature the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The Act will empower workers who have signed agreements requiring that they pursue all employment claims in private arbitration, to nonetheless elect to take claims of sexual harassment and sexual assault directly to court. The new law will similarly enable such workers to elect to pursue class action lawsuits in such cases and override pre-dispute agreements with their employers that purport to waive the right to bring such group actions.
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Illinois’ New Freedom to Work Law Dramatically Regulates Non-Competes
As of January 1, Illinois law prohibits employers from placing workers who earn or are expected to earn less than $75,000.00 per year under non-compete agreements, and similarly prohibits placing customer non-solicitation obligations on workers who earn or are expected to earn less than $45,000.00 per year. The law adds a slew of other requirements that must be met to render non-competes and non-solicitation agreements enforceable and authorizes the Illinois Attorney General to investigate and sue employers that violate the law. Contact us to schedule a free assessment of your employment agreements and protect your business.
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Tsunami of Biometrics Lawsuits Headed Towards Illinois Employers
Employers in Illinois who use employees’ biometric data (e.g., fingerprint swipes, temperature screens and retina scans, to name a few) should check their compliance with the state’s biometric privacy law, or face getting crushed in a wave of lawsuits expected to follow a State’s Supreme Court’s February 3, 2022 ruling that clears the way for employees to bring more claims. Contact us for a free checklist of signs that your business might be at risk.
Read more about this topic here:
https://www.law360.com/articles/1461918
https://www.venable.com/insights/publications/2021/05/dos-and-donts-of-using-biometric-data-in-the-work
https://www.isba.org/barnews/2022/02/quicktakeonillinoissupremecourtopin
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Empathy In The Workplace – A Discussion
Check out our discussion about empathy in the workplace with our HR colleague, Erich Kurschat, principal and founder of Harmony Insights, LLC. Gary shared how HR managers can use empathy to support workplace policies in order to help employees successfully navigate their workplace. Whether you’re back at your desk for lunch or (still) lunching from home, this conversation can help you improve your ability to use empathy to manage!
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Return To Work: OSHA Announces Updated COVID-19 Guidelines
Return To The Office Safely – OSHA COVID-19 Guidance Updated
Although many companies are on a path to return to work after Labor Day, some are slowing their roll as the Delta variant of COVID -19 continues to spread. However, for those still planning an early fall return, this month, on August 13th, the Occupational Safety and Health Administration (“OSHA”) issued updated guidance intended to help prevent the spread of Covid-19 in the workplace. The updated guidance (which can be found here: OSHA Covid-19 Guidance) mirrors the Center for Disease Control’s (“CDC”) own recently updated recommendations on the issue.
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Infectious Disease Policy And Procedure – Learn More!
The unprecedented nature of the Coronavirus pandemic brought forward many questions about infectious disease policy and procedure in the workplace. Companies used a variety of tactics to keep operations going and employees active during the pandemic and many are still working on bringing employees back to the workplace.
To help human resources managers take a more strategic approach to their infectious disease policy and procedure, Financial Poise and co-producer West LegalEdcenter will present a live webinar The Impact of Communicable Diseases, Including Coronavirus, On the Workplace as part of its series, Protecting Employee Assets: The Lifecycle of the Employee Relationship,
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Involuntary Terminations: Reduce Risk When Saying Goodbye
Involuntary terminations are an unpleasant, but unavoidable fact of the workplace. Whatever the reason for the termination – poor performance, misconduct or absences – employees often take issue with the reason they are being let go. Employers can and should learn how to minimize risk when saying goodbye so they can avoid costly, distracting, deflating experiences with the employees they need to let go. Join an expert panel of legal minds, including Gary Savine, principal, Savine Employment Law, Ltd. as they discuss this complex topic during “It’s So Hard To Say Goodbye: Minimizing Risk When Terminating Employees”, the latest webinar
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Human Resources Management Program
Human Resources Management Students Ask An Employment Lawyer
Gary Savine returned for the third time to lead the “Ask an Employment Lawyer” discussion as part of the Human Resources Management Certificate Program offered by the College of DuPage (COD).
“Human resources and employment law are about what happens in people’s working lives. We deal with complex issues that can affect someone’s livelihood,” says employment lawyer, Gary Savine, principal, Savine Employment Law, Ltd., “I enjoy talking to human resources management students about real issues I’ve dealt with. They always give me something to think about, as well.”
Jane Murtaugh, program
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Vaccination Retaliation Prevented By Ordinance
City of Chicago outlaws employer retaliation for COVID vaccine-related time off
To prevent employer retaliation against workers who must take time off to get the COVID vaccine, the city of Chicago issued an ordinance prohibiting retaliation, or taking any action, against workers who take time off to get their COVID vaccine. The ordinance, passed by the Chicago City Council on Wednesday, bolsters last May’s anti-retaliation ordinance, which protects workers from retaliation if they are unable to work because of a COVID stay-at-home order, by making vaccination a protected activity.
Employers in the city of Chicago are now prohibited from retaliating
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Wage and Hour Compliance Training Online
Brush up on your wage and hour compliance training with Savine Employment Law, Ltd. and a panel of experts. On April 20 at 2 p.m. CST, Financial Poise will again offer the live webinar, “Show Them The Money: Wage and Hour Compliance” as part of the series “Protecting Your Employee Assets: The Lifecycle of the Employee Relationship” co-produced by West LegalEdCenter .
“This webinar series is a great opportunity for HR and other leadership to easily catch up on the latest legal updates regarding wage and hour compliance. It’s a way for employers to increase their awareness of the latest
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Gary Savine To Speak On Empathy And Its Role In Enforcing Rules And Standards During A Pandemic
It’s an exceedingly trying time for workplaces. As leadership tries to make rules and enforce standards during the onslaught of COVID-19, how can empathy, the ability to understand and share the feelings of another person, play a role?Join Erich Kurschat, owner Harmony Insights LLC, and Gary Savine, founder, and principal attorney of Savine Employment Law, Ltd. online, Friday, April 24 at 12:00 p.m. CST for a meaningful, actionable conversation around compassionate expectations. Register by clicking here or visit Harmony Insights, LLC.The post Gary Savine To Speak On Empathy And Its Role In Enforcing Rules And Standards During A Pandemic
Continue Reading Gary Savine To Speak On Empathy And Its Role In Enforcing Rules And Standards During A Pandemic
DOL Issues Guidance On Small Business Exemption From COVID-19 Leave Law
On April 1, 2020, the US Department of Labor DOL published a 124-page “Temporary Rule” providing much-needed guidance on the emergency leave law entitlements under the Family First Coronavirus Response Act (FFCRA). Importantly, the rule includes instructions on an important exemption that may help struggling small employers opt out of part of the law.Congress passed the FFCRA in March 2020 in part to help American workers cope with the economic disruption and health effects of the COVID-19 pandemic. The FFCRA offers two types of paid leave: (A) up to 80 hours emergency sick leave; and (B) longer-term paid family leave.
Continue Reading DOL Issues Guidance On Small Business Exemption From COVID-19 Leave Law
COVID-19 Emergency Sick and Family Leave: What Employers Need To Know
COVID-19 has created new federal emergency family and sick leave laws.
As you may know, this past week President Trump signed into law new federal emergency sick and family leave requirements. The requirements go into effect 15 days from enactment.What your company should be doing right now: Employers will want to examine current policies to determine what type of policy updates to consider and how to communicate these changes to their workforce. Short-term amendments to leave and paid-time-off policies will need to be considered. Also, examine the potential financial impact of the law and whether any anticipated workforce changes could be problematic
Continue Reading COVID-19 Emergency Sick and Family Leave: What Employers Need To Know
New Wage And Hour Laws Keep HR’s Compliance ‘To Do’ List Growing
Agency’s Action Changed Exemption Levels
Recently, the US Department of Labor (DOL) published its final overtime rule, which changed exemption levels for white collar employees. You can find it in full on the DOL’s Website. The final rule became effective January 1, 2020, which gave employers very little time to review and adjust the pay of their exempt workforce to comply with the law. For those who may still be catching up, here’s what you need to know:
4 Key Takeaways From The New Overtime Rules
- The new rule increases the salary level for the white-collar exemptions (executive, administrative,
Continue Reading New Wage And Hour Laws Keep HR’s Compliance ‘To Do’ List Growing
Not A Case Of The Mondays: The Legal Obligation To Manage Pandemics At Work
Providing a safe working environment includes managing pandemics, like Coronavirus.
We woke up to a story on Marketplace © Morning Report (2/10/20) that explores how to address health in the workplace to help keep all employees informed and safe. You can listen here, the story starts in minute four of the report.
We previously covered paid sick time and epidemics here, on our blog, be sure to take a look!
Happy Monday!
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Illinois Employers: With Coronavirus Here, What’s Your Paid Sick Time Strategy?
Review Paid Sick Time Laws’ “Public Health Emergency” Obligations Now
Players of the game “Pandemic” know time is of the essence to defeat a global health emergency. The current outbreak of 2019 Novel Coronavirus (2019 n-CoV) is no game. Illinois employers still have time to dust off their strategies for complying with paid sick time laws, including special duties that trigger only during public health emergencies, but they must act quickly or possibly face a costly absenteeism crisis.
Wait, what? I May Have to Provide Paid Sick Time Off to Workers Who Aren’t Sick?
Yes, you read correctly: for some
Continue Reading Illinois Employers: With Coronavirus Here, What’s Your Paid Sick Time Strategy?