The Illinois General Assembly recently passed Senate Bill 672 (“SB 672” or the “Bill”), which codifies Illinois common law standards for enforceability for covenants not to compete or solicit and imposes several additional statutory limitations on employers’ ability to enter into and enforce post-employment restrictive covenants. The Bill, which is expected to be signed into law by the end of the year, follows a nationwide trend among Democratic state legislatures enacting laws designed to limit…

The Occupational Safety and Health Act (the Act) requires employers to provide a safe and healthy workplace free from recognized hazards likely to cause death or serious physical harm to employees. Late last week, the agency responsible for administering the Act, the U. S. Department of Labor’s Occupational Safety and Health Administration (OSHA), issued a long-awaited emergency temporary standard (the Emergency Rule) effective for the duration of the COVID-19 pandemic. In what is being regarded…

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on employer vaccination policies in the form of additional Q&As. Some of the Q&As relating to mandatory vaccination policies, accommodation, and confidentiality supplement and clarify EEOC guidance that was originally issued on these topics on December 16, 2020. Other Q&As are new as of May 28, 2021, including those relating to employer-provided incentives for receiving a COVID-19 vaccine. The Guidance addresses…

On May 5, the U.S. Department of Labor (DOL) withdrew a Trump-era final rule that would have made it easier for employers to designate workers as independent contractors rather than employees under the Fair Labor Standards Act (FLSA). The rule, titled “Independent Contractor Status under the Fair Labor Standards Act,” was published on January 7, 2021, at the tail end of the Trump administration, and was scheduled to take effect on March 8.…

The American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021. One of the significant COVID-19 relief provisions in the bill includes a 100 percent COBRA premium subsidy so eligible individuals can continue getting health insurance for up to six months. The subsidy is available beginning April 1, 2021, and ends September 30, 2021 (the “Free COBRA Period”).…

In one of the latest developments in the Biden administration’s recent initiatives to strengthen environmental, social, and governance (ESG) efforts in the United States, the U. S. Department of Labor (DOL) announced last week that it would not enforce a final rule requiring fiduciaries subject to ERISA to evaluate investment opportunities based upon financial performance factors, rather than ESG metrics. The DOL stated that the final rule “created a perception that fiduciaries are at risk…

Two recent federal criminal indictments have captured the attention of both antitrust and employment lawyers, as well as the legal and business community nationwide. The cases – both in the U.S. District Court for the Northern District of Texas – demonstrate that the U.S. Department of Justice is escalating its focus on so-called wage-fixing and no-poach agreements. This is an important development to be aware of because (1) the Department of Justice treats wage-fixing and…