By: Cary Schwimmer Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to form, join or assist labor unions and to collectively bargain through unions. NLRA Section 8(a) makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the […]

By: Jessica Jackler On July 31, Gov. Pritzker signed into law amendments to the Illinois Equal Pay Act, which will go into effect on Sept. 29. The amendments will prohibit employers from asking job applicants for information about their past compensation and benefits during the hiring process. The amendments are […]

By: Jessica Jackler On July 24, the Chicago City Council unanimously passed the Chicago Fair Workweek Ordinance, which will require covered employers to provide covered employees with a predictable work schedule. The purpose of the ordinance is to provide Chicago employees with protections that ensure employer scheduling practices do not […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]