On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s employees. Essentially, the amendments open up general contractors entering into construction contracts in Illinois to potential liability for claims brought under the Act against their subcontractors, for all contracts entered into on or after July 1, 2022.
Continue Reading New Changes to Illinois’ Wage Payment and Collection Law Seeks to Pressure
General Contractors to Become Union Signatory

On January 1, 2022, we saw the Illinois minimum wage increase from $11.00 to $12.00.  Not to be outdone, the City of Chicago and Cook County are increasing their set minimum wages on July 1, 2022.
Continue Reading IL Minimum Wage 2022 Update – July 1, 2022 Increases to Chicago and Cook
County Minimum Wages and IRS Mileage Rate!

On June 15, 2022, the United States Supreme Court held that the Federal Arbitration Act (FAA) partially preempts a rule of California law that invalidates contractual waivers of the right to assert representative claims under California’s Labor Code Private Attorneys General Act of 2004 (PAGA).
Continue Reading Are Arbitration Agreements Mounting a Comeback in California?

USCIS has announced a few measures to ease the backlog of Employment Authorization Document (EAD) cards. These may feel like baby steps. But they are steps in the right direction.
Continue Reading USCIS Lengthens Work Permit Automatic Extensions and Expands Premium
Processing Options

In today’s age of technology and innovation, more and more employers are hiring remote employees  who live and work in a geographic location outside of where their business is located.  Remote work offers advantages, including expanding access to a wider pool of employee talent and savings on overhead costs.  But managing a multi-state workforce can be challenging.
Continue Reading Hiring Remote Employees in Other States? Make Sure Your Business is
Compliant

In today’s virtual world so much has changed – we work from home, we attend meetings from home, and now, many companies are hiring from home. Virtual interviewing is on the rise, and for good reason. Companies can interview from a wide-breadth of candidates across the country without having to fly interviewees to the main office. However, video conference platforms can also open business up to potential litigation and compliance risk. 
Continue Reading Top Five Data Privacy Considerations Before Using Online Hiring Platforms

Courts in the United States are split on whether a company’s acknowledgment of vicarious liability for an employee’s negligence, bars a claim of direct negligence against the company. Based on appellate court decisions, Illinois had been one of the states that barred direct negligence claims against a company when the company had acknowledged being vicariously liable for its employee’s actions. However, on April 21, 2022, in McQueen v. Green, the Illinois Supreme Court rejected the earlier appellate court decisions and held that companies can be both vicariously liable for an employee’s negligence, as well as directly liable for the company’s…
Continue Reading BEWARE! – ILLINOIS EMPLOYERS CAN BE LIABLE FOR AN EMPLOYEE’S NEGLIGENCE

Mayor Lori Lightfoot and the Commission on Human Relations (the “Commission”) recently amended and expanded the sexual harassment prohibitions set forth by the City of Chicago.  The Ordinance provides for many changes—it (i) expands the definition of “sexual harassment;” (ii) expands the requirement for written policy documents; (iii) increases the statute of limitations for reporting discrimination; (iv) increases the monetary penalty for discrimination; and (v) has caused additional “safety measures” to be implemented by employers. 
Continue Reading Chicago Employers: New Policy Requirements and Expanded Sexual Harassment
and Bystander Training Obligations Begin July 1, 2022

As employers continue to face staffing issues, using independent contractors has become more common. Health care entities need to be mindful of the special requirements that apply to such arrangements.
Continue Reading Filling Vacancies During the Great Resignation – Special Considerations for
Health Care Entities

Perhaps flying under the radar of everyone except antitrust lawyers (and the employers who have been targeted), the Department of Justice (DOJ) has made a concerted push recently to use federal anti-trust laws as a tool to bolster workers’ rights, even going so far as to prosecute employers for alleged anticompetitive practices in labor markets. 
Continue Reading Are the Federal Antitrust Laws Now a Weapon for Employee Rights?

Here are some of the latest state and local employment law updates for May 13, 2022. 
Continue Reading Local and State Employment Law Update: Sex Harassment and Discrimination,
Salary Disclosure and Equal Pay

Many—if not most—employment discrimination and retaliation lawsuits involve a company’s decision (a) to terminate or otherwise discipline an employee or (b) not to hire a particular applicant. And the reason why the company made its decision is quite possibly the most important fact in the majority—if not all—of these cases.
Continue Reading Putting Your Business In A Strong Position To Defend Against Employment
Discrimination Claims