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By: Storrs Downey and Jessica Jackler In a case of first impression in the 7th Circuit, the court held that obesity is not considered an impairment under the Americans with Disabilities Act (ADA) unless that condition is due to an underlying “physiological disorder of condition.” Richardson v. Chicago Transit Authority, […]

The post Alcoholism, But Not Obesity, Considered Impairment Under ADA appeared first on Bryce Downey & Lenkov LLC.

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By: Jessica Jackler  On June 25, Gov. J.B. Pritzker signed the Cannabis Regulation and Tax Act into law, officially legalizing recreational marijuana in Illinois. The legislation takes effect on Jan. 1, 2020. The law permits adults 21 and older to purchase cannabis at approved dispensaries. Residents of Illinois will be allowed […]

The post Governor Signs Recreational Marijuana Law appeared first on Bryce Downey & Lenkov LLC.

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By: Jessica Jackler Janet Dhillon was recently confirmed as the new Chair of the Equal Employment Opportunity Commission (EEOC). Her confirmation could mean significant changes for employers going forward, especially since the Senate restored a quorum to the EEOC, meaning it can now issue long-awaited guidance on critical subjects like […]

The post Janet Dhillon Confirmed as New EEOC Chair appeared first on Bryce Downey & Lenkov LLC.

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By: Jessica Jackler On April 29, the U.S. Department of Labor (DOL) issued an opinion letter providing guidance for gig economy companies on when to properly classify workers as independent contractors versus employees. Independent contractors are not subject to minimum wage and overtime requirements imposed by the Fair Labor Standards […]

The post DOL Provides Guidance on Classification of Independent Contractors in Gig Economy appeared first on Bryce Downey & Lenkov LLC.

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By: Cary Schwimmer Every anti-discrimination statute contains a provision prohibiting the employer from retaliating against an employee for making a discrimination claim. Employers may not retaliate against employees who make an internal discrimination complaint; file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or similar state or local […]

The post Key Reminders about Discrimination and Retaliation appeared first on Bryce Downey & Lenkov LLC.

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By: Jessica Jackler On April 1, U.S. Department of Labor (DOL) announced its proposed rule to narrow the definition of a joint employer under the Fair Labor Standards Act (FLSA). The DOL has not meaningfully revised its joint employer regulation in over 60 years. According to the DOL, this proposal would […]

The post DOL Proposed Rule to Narrow Definition of Joint Employer Under FLSA appeared first on Bryce Downey & Lenkov LLC.

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By: Jessica Jackler The U.S. Department of Labor’s (DOL) Wage and Hour Division has issued three new opinion letters that address compliance issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the DOL on how […]

The post DOL Issues Three New Opinion Letters Concerning FMLA and FLSA appeared first on Bryce Downey & Lenkov LLC.

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By: Jessica Jackler On February 19, Gov. Pritzker signed the “Lifting Up Illinois Working Families Act” into law, incrementally raising the state’s minimum wage to $15 per hour by 2025. The minimum wage is scheduled to increase with a series of hourly rate adjustments over the next five years until […]

The post Illinois Bill Raises State Minimum Wage appeared first on Bryce Downey & Lenkov LLC.

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By: Jessica Jackler On January 23, the 7th Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) does not extend to disparate impact claims for job applicants. In Kleber v. CareFusion Corp., No. 17-1206 (7th Cir. 2018), the 58-year-old plaintiff applied for a senior in-house attorney position […]

The post Seventh Circuit Limits Age-Based Claims by Job Applicants appeared first on Bryce Downey & Lenkov LLC.

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The Illinois Supreme Court has unanimously ruled against Six Flags Entertainment Corp. in a landmark Biometric Information Privacy Act (BIPA) case. The ruling will certainly impact claims against employers in the future for failing to properly notify and obtain consent from employees about the collection of their biometrics. In Rosenbach […]

The post Illinois Supreme Court Rules Actual Injury Not Necessary to be an “Aggrieved” Person Under BIPA appeared first on Bryce Downey & Lenkov LLC.

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