Long-Term Temps to be Paid Like Employees Both Illinois employers that contract with temporary labor service agencies, and those agencies themselves that do business in the state, should review staffing contracts and ensure compliance with relevant policies and procedures under amendments to the Illinois Day and Temporary Labor Services Act…
Articles Posted in Employment law
How Does Supreme Court Ruling on ‘Religious Reasons’ Impact Small Businesses?
Supreme Court Ruling on Religious Reasons Small businesses and other employers are likely to find it more difficult to refuse requests for religious accommodations after the U.S. Supreme Court’s ruling in a recent case, Groff v. DeJoy, which concerned a postal worker who unsuccessfully requested to be off-the-clock every Sunday—when…
NLRB Rules Most Employee Non-Competes Unenforceable
Are Non-Competes Really Enforceable? Most non-compete agreements between employers and employees violate the National Labor Relations Act, according to a May 30 memo from Jennifer A. Abruzzo, general counsel for the National Labor Relations Board. Such agreements, which bar employees from taking certain types of positions or running certain types…
Can You Keep a (Trade) Secret?
Can You Keep a Secret? At the federal level, the Defend Trade Secrets Act of 2016 created a pathway for civil action due to misappropriation of trade secrets; federal courts also can rule on criminal trade secret actions based on the Economic Espionage Act of 1996. The UTSA defines a…
On the Seventh Day, Employers Must Allow Rest
Illinois Amends One Day in Seven Rest Act The new year will bring with it activation dates for new or amended state legislation that passed earlier this year, some of which will have an impact on small business owners and their employees. One significant change that employers should know about…
What Would the ‘Workers’ Rights Amendment’ Mean for Your Business?
What Would It Mean for Your Business? Illinois voters will have the opportunity on Election Day, November 8, to vote “yea” or “nay” on an amendment to the state constitution that would protect workers’ rights to collectively bargain, while prohibiting state legislators from making Illinois a “right to work” state,…
‘Independent Contractor’ Might Be a Trojan Horse
Independent Contractors A recent Illinois Court of Appeals decision in an Illinois Wage Claim Act case puts a magnifying glass on the sticky wicket employers can find themselves when they are unable to pay an outside contractor, at least under certain circumstances. The decision in O’Malley v. Udo, 2022 IL…
You Might Need to Rework Your Non-Competes
Illinois Freedom to Work Act Illinois Employers who want to protect their business and trade secrets by using restrictive employment contracts will find new hoops to jump through. The enforcement of non-compete and non-solicit agreements, designed to erect roadblocks to prevent former employees from gaining an unfair advantage due to…
Tea Leaves Starting to Sprout for COVID’s Impact on Employment Law
How concerned should small businesses be about wrongful discharge lawsuits from plaintiffs terminated after alleging publicly that their employer did not follow health and safety guidelines to combat the spread of COVID-19? The first clues may emerge from one of the first employment lawsuits related to the pandemic, filed in…
Could Reopening Businesses Be Held Liable for COVID-19 Infections?
CoronaVirus FAQs Business owners are anxious to reopen their doors and revive their sales. But there are concerns that the proper precautions be taken to protect their employees and customers, at a time when no treatment or vaccine for COVID-19 appears imminent. As governors and mayors begin to ease restrictions…