A new publication from Greensfelder and the Illinois Chamber of Commerce covering essential updates on employee leave issues is now available. Greensfelder collaborated with the Chamber’s HR Illinois division to produce this new third edition of  “FMLA, ADA, Military and Other Leave Issues: A Guide for the Illinois Employer.” It is a 25-chapter, 160-page comprehensive guide that covers the latest on each of these important areas of employment law, providing insights on many common leave situations a manager or supervisor may encounter. Topics include disability discrimination laws, reason ..read more

The Illinois legislature recently passed HB2862 amending the Day and Temporary Labor Services Act (the “Act”). If signed by Gov. J.B. Pritzker in its current form as expected, it will have significant implications for staffing agencies and their clients (i.e. employers that use staffing agencies to supplement their workforce with non-employee, temporary workers). Gov. Pritzker has 60 days from June 16, 2023, to sign the bill. Once signed, the bill takes effect immediately ..read more

A new federal law goes into effect June 27, 2023, related to covered employers’ obligations to provide pregnancy accommodations to employees and job applicants. As we previewed in our 2023 Federal Employment Law Forecast, Congress passed the Pregnant Workers Fairness Act (PWFA) as an amendment to the government funding bill, which President Biden signed on December 29, 2022. The law charges the EEOC with issuing regulations interpreting the PWFA, although the EEOC has not yet indicated when it will do so ..read more

Important update on the Illinois Paid Leave for All Workers Act: The Illinois Department of Labor (IDOL) has issued its first set of frequently asked questions addressing the Act, with more to come. The full FAQs can be found here, and a summary of key points is below ..read more

Jennifer Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued a memorandum on May 30, 2023, finding that except in limited special circumstances, non-competition agreements – including the act of merely giving employees non-competition agreements or maintaining existing ones – violate Sections 7 and 8 of the National Labor Relations Act (Act). The memorandum states, “Except in limited circumstances, I believe the proffer, maintenance, and enforcement of such agreements violate Section 8(a)(1) of the Act ..read more

The Illinois Department of Labor (IDOL) recently adopted new regulations governing several provisions under the Illinois Wage Payment and Collection Act (IWPCA). Among them, the IDOL adopted new regulations that: create a five-factor test for determining when work-related expenses incurred by an employee primarily benefits the employer, such that the employer is required to reimburse the employee for those specific expenditures; clarify when employers may be liable for payment of employee expenses that exceed amounts set forth in the employer’s written expense reimbursement policy; create new ..read more

The Illinois Supreme Court resolved a critical question in Illinois Biometric Information Privacy Act (BIPA) cases with an answer that threatens to devastate companies and drive settlement values in pending cases through the roof: a separate claim under the statute accrues each time a private entity scans or transmits an individual’s biometric information ..read more

The Illinois legislature recently passed the Paid Leave for All Workers (PLFAW) Act, which will require most Illinois employers to provide their employees working in Illinois with up to 40 hours of paid leave they can take for any reason during a designated 12-month period. Once signed by Governor Pritzker, the PLFAW Act will become effective on January 1, 2024 ..read more

Missouri 2022 was relatively quiet for Missouri employers, except for the buzz around recreational marijuana (forgive our pun). As explained in more detail below, the law does not limit Missouri employers from continuing to drug test and discipline employees who violate anti-use policies, with certain modifications for medicinal users. 2023 also brings a Missouri minimum wage rate hike, but we expect employees may still grumble, as this increase does not pace with inflation ..read more

We are finally moving past the plethora of pandemic-era employment laws that riddled this blog over the past two years. However, not all will be quiet in 2023, as the breadth of pending U.S. Supreme Court cases and issues agencies are reviewing is wide and has the potential to disrupt several industries. This recap and forecast highlights a few of those topics ..read more