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Publications
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04.24.2024FTC Bans Employee Noncompete Agreements; Challenges UnderwayUpdatesOn April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). In this Update, we cover the details of the FTC’s Final Rule, what changed from the Proposed Rule, guidance to employers wondering what they should do now, and what might come next.
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04.24.2024Muldrow Sets a New Standard for Workplace DiscriminationUpdatesOn April 17, 2024, in Muldrow v. City of St. Louis, the U.S. Supreme Court held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did not result in a loss of pay or benefits. The decision resolves an open question among the federal appellate courts as to whether a plaintiff needs to establish that an employer’s adverse actions resulted in substantial harm.
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04.19.2024Update: Proposed Rule Would Impose Pay Transparency and Salary History Requirements for Federal ContractorsPodcastsThe Federal Acquisition Regulatory Council recently issued a Proposed Rule that would require pay transparency in federal contracting.
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03.15.2024Implications From Denial of Certiorari in Race-Neutral Admissions CaseUpdatesThe U.S. Supreme Court denied certiorari in a much-scrutinized U.S. Court of Appeals for the Fourth Circuit case involving race-neutral school admissions procedures, Coalition for TJ v. Fairfax County Board, on February 20, 2024.
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12.19.2023Cook County Amends Paid Leave OrdinanceUpdatesFollowing Chicago’s last-minute changes to its much-discussed Paid Leave Ordinance, Cook County has joined the recent flurry of legislating in Illinois to amend its own leave requirements.
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12.14.2023Welcome News: Chicago Amends Paid Leave OrdinanceUpdatesIn welcome news for employers, the Chicago City Council passed an amendment to the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, which will delay implementation of paid leave requirements from December 31, 2023, to July 1, 2024.
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11.14.2023Chicago Passes Sweeping Paid Leave OrdinanceUpdatesThe City of Chicago approved the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance on November 9, 2023, providing all employees working in the city with up to five annual days of paid leave that can be used for any purpose and five annual days of paid sick leave that can be used for specified purposes.
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09.14.2023Illinois Joins the Growing List of States With New Pay Transparency LawsUpdatesGovernor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023.
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09.08.2023With Race Gone as a Factor in Admissions, Is Student Athlete Status Next?ArticlesThe U.S. Supreme Court’s recent decision on universities’ affirmative action policies, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), has garnered significant political, cultural, and media attention. The overall focus has centered on the decision’s determination that race can no longer be used as a factor to achieve diversity in university admissions. Less attention has been paid to the manner in which the winding trials and ensuing appellate process lifted the veil on college admissions and how various factors other than race, including legacy and athletic ability, tip the scales in admissions decisions.
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08.14.2023Illinois Expands Rights and Remedies for Temporary WorkersUpdatesGovernor J.B. Pritzker signed into law HB 2862 on August 4, 2023, which amends the Illinois Day and Labor Services Act by adding new equal pay obligations and safety and training requirements for employers who hire temporary workers and for staffing agencies that place them—all of which are effective immediately.
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07.19.2023Three Questions About the Recent Attorneys General Letter Related to DEI ProgramsUpdatesOn July 13, 2023, 13 attorneys general signed a public letter voicing opposition to employers’ use of diversity, equity, and inclusion plans. The letter alleges that the U.S. Supreme Court’s recent decision banning race-based affirmative action in college admissions implicates corporate DEI programs.
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07.05.2023Seven Pressing Questions Following the Supreme Court’s Admissions DecisionUpdatesOn June 29, 2023, the Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of Harvard College; and Students for Fair Admissions v. University of North Carolina.
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06.21.2023Chicago Employers Must Complete New Sexual Harassment Trainings by July 1UpdatesAs previously outlined in an earlier Illinois employment law roundup, the July 1, 2023, deadline is fast approaching for completion of Chicago’s additional sexual harassment and bystander training requirements.
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06.14.2023Chicago Releases New, Expanded Requirements for Criminal History ScreeningUpdatesThe city of Chicago published an amended ban-the-box ordinance on April 24, 2023, that further restricts employers’ use of criminal records for job-screening purposes. Effective immediately, the city’s new ordinance requires employers with a Chicago business operating license or who maintain a facility in Chicago to provide new pre- and post-adverse action notices and engage in individualized assessments when using criminal history for employment screening.
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05.25.2023Update: OFCCP Finalizes Rescission of the 2020 Religious Exemption RulePodcastsThis spring, the Office of Federal Contract Compliance Programs (OFCCP) published its final order rescinding the Trump-era Religious Exemption Rule for federal contractors.
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04.2023Employment Law Yearbook 2023, Chapter 2, OFCCP DevelopmentsLawyer PublicationsThis annual publication provides a comprehensive overview of U.S. employment law, highlighting significant case law, legislative changes, government agency actions, and other developments of the prior year.
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03.27.20232023 Illinois Employment Law ChangesPodcastsIllinois employers will face a host of new requirements in 2023, including the CROWN Act, the Family Bereavement Leave Act (FBLA), the One Day Rest in Seven Act Amendment (ODRISA), an Illinois Equal Pay Act (IEPA) update, and Enhanced Chicago Sexual Harassment training.
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03.20.2023OFCCP Finalizes Rescission of the 2020 Religious Exemption RuleUpdatesThe Office of Federal Contract Compliance Programs (OFCCP) published its final order on March 1, 2023, rescinding the Trump-era Religious Exemption Rule for federal contractors.
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02.13.2023Update: Affirmative Action: Six Employer Questions After the Supreme Court ArgumentsPodcastsThe U.S. Supreme Court held oral arguments in two landmark cases, Students for Fair Admissions, Inc. v. President and Fellows of Harvard and Students for Fair Admissions, Inc. v. University of North Carolina, arising out of the affirmative action policies of two elite university systems, Harvard University and the University of North Carolina.
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01.24.20232023 Illinois Employment Law ChangesUpdates
Illinois employers will face a host of new requirements in 2023. This Update summarizes aspects of the new labor and employment landscape in Illinois.
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11.07.2022Affirmative Action: Six Employer Questions After the Supreme Court ArgumentsUpdatesOn October 31, 2022, the U.S. Supreme Court held oral arguments in two landmark cases, Students for Fair Admissions, Inc. v. President and Fellows of Harvard and Students for Fair Admissions, Inc. v. University of North Carolina, arising out of the affirmative action policies of two elite university systems, Harvard University and the University of North Carolina (UNC).
Wage & Hour Developments
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Biden Administration Announces April 2024 Release of Final Rule on FLSA Exemptions
On December 6, 2023, the Biden administration released its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions, which provides a semi-annual update on the federal government’s regulatory agenda and sets target dates for upcoming rulemaking. That update included the announcement that the U.S. Department of Labor (DOL) aims to release its final rule amending...
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Cook County Amends Paid Leave Ordinance
Following Chicago’s last-minute changes to its much-discussed Paid Leave Ordinance, Cook County has joined the recent flurry of legislating in Illinois to amend its own leave requirements. On December 14, 2023, the Cook County Board of Commissioners passed the Cook County Paid Leave Ordinance, which amends the prior Cook County Earned Sick Leave Ordinance to...
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Chicago Amends Paid Leave Ordinance
In welcome news for employers, the Chicago City Council passed an amendment to the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, which will delay implementation of paid leave requirements from December 31, 2023, to July 1, 2024. The ordinance significantly expands paid leave requirements for Chicago employers and includes some of...
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Chicago Passes Sweeping Paid Leave Ordinance
The city of Chicago approved the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance on November 9, 2023, providing all employees working in the city with up to five annual days of paid leave that can be used for any purpose and five annual days of paid sick leave that can be used...
