Articles Tagged with Employees

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Non-Competes Now a Nonstarter

This is really big news!

Businesses that have entered into non-compete agreements with current or recently departed employees will need to come up with other ways of achieving the investment-protecting goals those non-competes were designed to accomplish. That’s because the Federal Trade Commission has issued a final rule, which will take after 120 days after publication in the Federal Register, that invalidates current non-competes for most workers and bans new ones for all employees.

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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 the post office still makes deliveries for Amazon—citing his Evangelical Christian faith.

Gerald Groff, a Pennsylvania man, nonetheless kept being put on the schedule for Sundays and disciplined for not working while his co-workers were stretched thin attempting to cover his routes. He resigned, sued, lost his case and lost again on appeal—but the Supreme Court’s unanimous ruling in June established a higher standard for employers who claimed they would face an “undue hardship” to make religious accommodations.

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You Can, But Should You?

To begin with, employers thinking about using AI such as ChatGPT during hiring and selection need to familiarize themselves with the technology at a conceptual level, and then look closely at—and understand well enough so they can explain to others—how AI integrates with their recruiting tools and practices.

A key piece of state legislation in Illinois pertaining to the use of AI is the Artificial Intelligence Video Interview Act (820 ILCS 42/1), which lays down various stipulations for the recording of video interviews and subsequent use of AI while evaluating said recordings.

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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 centers on the One Day Rest in Seven Act, or ODRISA. Heretofore, that law has mandated a minimum of 24 hours of rest per calendar week, but as of January 1, this will change to 24 hours of rest per seven-consecutive-day period. So if an employee works for six consecutive days, the law now covers with them on day seven, even if those six days don’t align with a Sunday through Saturday work week.

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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, in which workers in unionized workplaces can decide individually whether to join the union.  The Amendment should have no practical effect on small businesses since small businesses are generally not unionized.

Known popularly as the “Workers’ Rights Amendment”—although its official name is the more prosaic Illinois Amendment 1—the measure would amend the Bill of Rights Article of the Illinois Constitution to give employee the ability to bargain collectively, through representatives they select to negotiate wages, hours, working conditions, and worker safety.  The amendment, which received partisan support in both houses of the state legislature when it was approved for the ballot in May, also negates any local laws that prohibit this.

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Bellas & Wachowski – Chicago Business Lawyers

Small businesses with 16 to 24 employees that have been operational for at least two years and don’t already offer qualifying retirement plans will, as of November 1, 2023 be subject to the requirements of the Illinois Secure Choice Savings Program Act. 

Under an amendment passed last year, those with 5 to 15 employees must participate in the act—which has created a state-sponsored retirement savings program to boost access for private-sector employees—as of November 1, 2023.

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