Labor and Employment Law Update

Welcome to the Labor and Employment Law Update where attorneys from SmithAmundsen blog about management side labor and employment issues. We cover topics including addressing harassment and discrimination in the workplace, developing labor law, navigating through ADA(AA), FMLA and workers’ compensation issues, avoiding wage and hour landmines, key legislative, case law and regulatory changes and much more! Learn more about our firm at www.salawus.com.

Latest from Labor and Employment Law Update - Page 2

Illinois recently enacted amendments to the Illinois Right to Privacy in the Workplace Act (“IRPWA”).  The amendments became effective on December 12, 2025, immediately upon the governor’s signature.
Continue Reading Amendments to Illinois Right to Privacy in the Workplace Act: Immediate
Obligations for Employers Receiving “No-Match” Letters

On December 18, 2025, the U.S. Senate approved President Trump’s nominees, James Murphy and Scott Mayer, to serve as members on the National Labor Relations Board (Board). With the additions of Murphy and Mayer, the Board regains a quorum and can now officially act and adjudicate unfair labor practice charges and representational cases under the National Labor Relations Act (NLRA). 
Continue Reading NLRB Regains a Quorum and New General Counsel takes the Reins

As OSHA inspections continue to take place throughout the U.S., employers across industries need to be prepared to respond. An inspector’s arrival onsite can be disruptive and stressful, particularly if supervisors and frontline staff are unsure of what to do or say in the moment. The steps outlined below are designed to help employers navigate an OSHA inspection from the moment an inspector arrives, underscoring the importance of preparation as a key component of an effective workplace compliance strategy.
Continue Reading OSHA Inspection Checklist: A Step-by-Step Guide for Employers When an
Inspector Arrives

The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and workers’ compensation come with complex obligations for employers and HR professionals. Join Heather Bailey for an informative webcast on understanding the requirements and interactions of FMLA, ADA, and workers’ compensation in the U.S. workplace.
Continue Reading Breakfast Briefing Series: Staying Afloat in the 'Bermuda Triangle':
Insights on FMLA, ADA, and Workers' Compensation

A strong workers’ compensation defense strategy begins long before a claim is filed. After all, an unexpected claim can costly regardless of industry. Strategic and proactive measures to prevent accidents coupled with an understanding of how to manage the claims that do arise are indispensable tools for businesses.
In a recent webcast, two of our workers’ compensation attorneys shared their insights and best practices to help employers confidently manage claims and achieve favorable outcomes. Here are three key takeaways from their presentation. 
Continue Reading Key Takeaways – Prevention to Resolution: Managing Workers’ Compensation
Claims With the End in Mind

The U.S. Equal Employment Opportunity Commission (EEOC), the agency charged with the administration of federal workplace laws, including Title VII of the Civil Rights Act, recently regained a voting quorum. As a result, the agency can now enact sweeping policy changes in line with President Trump’s second term agenda. Employers can expect increased scrutiny of DEI practices and an increase in charges surrounding religious accommodations.  
Continue Reading EEOC Regains Quorum: What Employers Can Expect

The Illinois legislature recently passed House Bill 1437 (H.B. 1437), which delays implementation of the fringe benefit payment mandates for apprentices on projects subject to the Illinois Prevailing Wage Act (“IPWA”).  As some may recall, Governor Pritzker signed House Bill 2488 (H.B. 2488) into law effective June 30, 2025.
H.B. 2488 requires the payment of “full journeyman annualized fringe benefits” to apprentices working on prevailing wage projects in Illinois, regardless of the terms in the underlying prevailing area-wide union contract. H.B. 1437 delays the date that contractors must begin paying apprentices full journeyworker fringe benefits on public works projects to
Continue Reading Illinois Amends the Prevailing Wage Act (Again) to Delay Implementation of
Full Fringe Benefit Mandate for Apprentices Until July 1, 2026

If your organization has been struggling to understand how to implement the new tips and overtime reporting requirements from the One Big Beautiful Bill Act (OBBB), you can breathe a temporary sigh of relief. The IRS has issued Notice 2025-62, providing penalty relief for the 2025 tax year while employers adapt to the tax reporting changes.
Continue Reading IRS Provides Critical Transition Relief for New Tips and Overtime Reporting
Requirements: What HR Needs to Know Now

On August 15, 2025, Governor Pritzker signed House Bill 3638 (H.B. 3638) into law, which amends the Illinois Workplace Transparency Act (the “Act”) to provide current, former, and prospective employees with greater rights and protections when executing employment agreements with an employer. The amendments under H.B. 3638 take effect on January 1, 2026, and apply to employment contracts entered into, modified, or extended on or after January 1, 2026, except for collective bargaining agreements. Accordingly, employers need to carefully review their existing employment agreements and ensure they comply with the new requirements under H.B. 3638 by January 1, 2026. 
Continue Reading Illinois Employers, It’s Time to Review and Revise Your Employment
Agreements

Across the country, state lawmakers are recalibrating their approaches to regulating the use of AI in employment decisions. This is in direct response to pressure from the technology industry and the Trump administration. The result is a more incremental approach to AI regulation in employment shaped as much by political dynamics as by policy concerns. Employers need to pay close attention to legislative developments and agency-level regulatory actions, which may introduce new compliance expectations.
Continue Reading AI in Employment-Related Decisions Part 2: State Strategies to Address
Pressure and What It Means for Employers

State lawmakers across the country have been busy this year trying to curb the most consequential uses of AI in employment-related decisions. As those attempts moved from idea to legislation, two powerful forces have pushed back. The tech industry is concerned about a patchwork of state rules, and the Trump administration has prioritized removing barriers to AI use. States are reacting by shifting their strategies to narrow, revise, and/or delay legislation. Employers would be wise to stay abreast of these evolving strategies to ensure compliance in a rapidly shifting regulatory landscape.
Continue Reading AI in Employment-Related Decisions Part 1: Big Tech and Federal Power

On September 19, 2025, the U.S. Department of Labor (DOL) announced the launch of Project Firewall, described as “an H-1B enforcement initiative that will safeguard the rights, wages, and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and holding employers accountable if they abuse the H-1B visa process.”
Continue Reading Project Firewall Targets H-1B Employers: Best Practices for Compliance