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.

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By: Amundsen Davis

Latest from Labor and Employment Law Update - Page 4

It is becoming more common for employees to claim “bullying” or “harassment” when a supervisor enforces rules, sets boundaries, or addresses underperformance. While it is important to take every complaint seriously, company leadership must also recognize the distinction between inappropriate conduct and the normal exercise of managerial responsibilities.
Continue Reading When Accountability Is Labeled as Bullying: Navigating Employee Complaints
About Being Managed

Earlier this month, the Sixth Circuit issued a decision in Bivens v. Zep that significantly narrows when an employer can be held liable under Title VII for harassment committed by a third party, such as a customer or client. The court held that an employer may only be liable in this scenario if the employer intended for the harassment to occur. This ruling departs from the EEOC’s longstanding interpretation of Title VII as well as from the majority of other federal appeals courts that have considered the issue.
Continue Reading Sixth Circuit Provides Employers Protection in Customer Harassment Cases

On September 3, 2025, in Minnesota Chapter of Associated Builders and Contractors v. Ellison, et al., the U.S. Court of Appeals for the Eighth Circuit, in a 2-1 ruling, dismissed a lawsuit challenging Minnesota’s captive audience speech law (aka the “Employer-Sponsored Meetings or Communication Act” or the “Act”).  In short, the Eighth Circuit’s decision means that the Act remains in effect and is enforceable against Minnesota employers. 
Continue Reading Eighth Circuit Dismisses Challenge to Minnesota’s Captive Audience Ban

Governor Pritzker recently signed yet another amendment to the Illinois Prevailing Wage Act (“IPWA”). While this latest change does not directly impact non-union/merit shop contractors, it does have an immediate impact on certain union signatory contractors. Courtesy of HB2488, effective June 30, 2025 forward, all contractors must ensure that their apprentices are paid full journeyworker fringe benefits—regardless of the terms in the underlying prevailing union contract.
Continue Reading Illinois Prevailing Wage Trumps Area-Wide Union Contracts & Underlying U.S.
DOL Apprenticeship Programs re: Fringe Benefits for Apprentices

On August 14, 2025, Governor J.B. Pritzker signed Illinois House Bill 1189, which amends the Illinois Prevailing Wage Act (IPWA) in a way that impacts how “public work” projects are defined and labor hours are paid on federal construction projects in Illinois.
Continue Reading Another Prevailing Wage Update: Illinois Prevailing Wage Act Now Applies to
Federal Construction Projects!?!

Join Amundsen Davis for a complimentary webcast series, Breakfast Briefing, on August 20 for a timely discussion on managing today’s remote workforce, including multi-state team members, while staying compliant with national and state law.
Continue Reading Register Now for Breakfast Briefing: Offering Remote Work and Managing
Multi-State Remote Workers

A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In Coffman v. Nexstar Media Inc., the Fourth Circuit upheld the dismissal of a former employee’s claims under the West Virginia Human Rights Act  and the Family and Medical Leave Act, finding that her request for additional leave after a six-month absence and no definite return date was not a reasonable accommodation. The Fourth Circuit’s ruling highlights that while employers must provide reasonable…
Continue Reading Extended, Indefinite Leave Request Is Usually NOT a ReasonableAccommodation

On July 15, 2025, the U.S. Department of Homeland Security (“DHS”) released updated E-Verify compliance information related to revoked Employment Authorization Documents (“EADs”) for certain noncitizens whose parole status under the CHNV (Cuba, Haiti, Nicaragua, and Venezuela) parole program has been terminated.
This stems from a decision on May 30, 2025, in which the U.S. Supreme Court allowed DHS to terminate CHNV parole and revoke the work authorization status for individuals in the program. As a result, DHS indicated that it is revoking the EADs to individuals on a case-by-case basis. DHS indicated it has issued direct notifications informing affected…
Continue Reading Navigating E-Verify’s Status Change Report

2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level.  Below is a recap of notable laws enacted throughout the U.S. that have become effective within the first half of 2025. 
Continue Reading National State Employment Law Update Covering the First Six Months of 2025

A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and employees. A Texas federal district court put all of that on hold in August 2024, holding that the FTC didn’t have the authority to issue the non-compete rule.
Since then, the issue has largely faded from headlines as businesses continued on as before the FTC rule. Questions remain, though, about the status of the rule and steps states are taking to regulate (or not) this popular…
Continue Reading Employee Non-Competes: Where We Stand Today

In handling thousands of disputes and controversies under Illinois’s ever-expanding prevailing wage law for 25 years, we have seen the Illinois Prevailing Wage Act (IPWA) expanded to include very specific non-construction related tasks as “public works”—and thus, covered work under the state’s notorious prevailing wage law. However, the latest change is a real head-turn! For the first time, prevailing wage mandates under the IPWA specifically include workers who simply inspect a fixture/structure.
Continue Reading Another Illinois Prevailing Wage Act Update: CCTV Inspection of Sewer Pipes
Is Now Covered Work

The IPWA becomes more complex and complicated by the day. Construction contractors must have an intimate understanding of all substantive and technical requirements of the law. Learn about the new liabilities, fines and penalties effective June 2025.
Continue Reading Illinois Prevailing Wage Update: Failure to Timely File a Certified Payroll
Means Individual Liability, Debarment, and Financial Penalties

Most Illinois businesses well are aware of Illinois Biometric Information Privacy Act and the hundreds of lawsuits and multimillion dollar settlements it triggered. But there’s another Illinois privacy law quietly making waves for employers: The Illinois Genetic Information Privacy Act (GIPA). With steep penalties and accelerating litigation, it is important—now more than ever—for employers to be in compliance.
Continue Reading Navigating Genetic Privacy Compliance: Key Steps for Employers

The Big Beautiful Bill, signed into law by President Trump on July 4, 2025, spans nearly 900 pages and touches numerous aspects of federal policy. Nestled within this lengthy legislation are employee benefits provisions that will require employers to navigate new rules, opportunities, and compliance requirements.
From additional tax deductions for workers to new savings vehicles for children, the benefits-related sections introduce changes that span traditional compensation structures, family support programs, and organizational compliance obligations.
Continue Reading How the Big Beautiful Bill Will Impact Your Employee Benefits and
Compensation Strategy