Protecting Employers Since 1985

State Attorney Generals Sue EEOC Saying Guidance On Gender Identity Is Overreaching

By Joseph H. Laverty / May 30, 2024

Numerous State Attorney Generals filed suit in May 2024 claiming the Equal Employment Opportunity Commission (“EEOC”) enforcement guidance on harassment in the workplace went too far in trying to legislate protections around gender identity that go beyond what the U.S. Supreme Court established in the 2020 Bostock v. Clayton County decision. The last time the…

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Attention Illinois Companies: Changes in the Law Will Soon Affect Businesses Using Freelance Workers in Illinois

By Anthony J. Caruso Jr. / May 29, 2024

Illinois Freelance Worker Protection Act Intent of the law Major Provisions Enforcement of the contract by the freelance worker in Circuit Court of Illinois How to prepare for the new Law: Questions? Contact Anthony J. Caruso, Jr, in our St. Charles office by email or at 630-377-1554

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Iowa Supreme Court Reverses Jury Award of $1.4M in Wage Discrimination Decision

By John D. Simmons / May 28, 2024

The Supreme Court of Iowa recently vacated a jury award of nearly 1.4 million dollars, an award that could have otherwise been tripled, finding that the plaintiff failed to properly prove her claims for either sex-based wage discrimination or retaliation. The lawsuit alleged sex discrimination in wages and went to a jury despite the defendant’s…

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Diversity and Inclusion Run Amok: “First Thing We Do, Let’s Get Rid of the White Guys”

By Alan E. Seneczko / May 25, 2024

With apologies to Shakespeare, the above version of his oft-quoted passage is a good reflection of what not to do when carrying out Diversity, Equity and Inclusion initiatives, as a North Carolina healthcare conglomerate learned the hard way – to the tune of $2,457,527 in backpay, $1,078,066 in front pay, $332,793 in prejudgment interest, and…

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UAW Loses Organizing Campaign in Alabama

By Joseph H. Laverty / May 24, 2024

After the United Auto Workers (“UAW”) signed contracts with numerous auto workers in 2023, they announced their organizing intentions at nonunion automakers who have numerous facilities in the South. In May 2024, Mercedes employees at the company’s plants in Vance and Woodstock, Alabama, voted against UAW representation in an election trying to unionize both plants.…

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EEOC Issues Controversial Final Enforcement Guidance On Workplace Harassment

By James B. Sherman / April 30, 2024

On Monday this week the EEOC raised eyebrows when it published its long-awaited final take on harassment law. The guidance is aimed at educating employers and employees alike, but will no doubt be used by plaintiff and defense lawyers in court. Consequently, employers, HR professionals, and consultants are well advised to become aware of what…

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Employers Beware:  Obligations Under PWFA Final Regulations Exceed Concept of “Reasonable Accommodation” Under ADA

By Alan E. Seneczko / April 30, 2024

On December 29, 2022, President Biden signed the Pregnant Worker Fairness Act into law with relatively little fanfare. It became effective on June 27, 2023 and requires covered employers to provide reasonable accommodations to a qualified employee’s known limitations related to, affected by or arising out of pregnancy, childbirth, or related medical conditions, unless the…

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Employer’s Job Description Not Detailed Enough For Quick Win In ADA Failure To Accommodate Case

By James B. Sherman / April 27, 2024

Job descriptions with lifting, standing, mobility, and/or other essential requirements are ubiquitous across all industries. EEOC interpretive regulations and numerous court decisions give deference to the judgement of employers as to what are the “essential functions” of the jobs they provide. Written job descriptions are presumed to accurately reflect essential functions. Why is this important?…

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Employers Must Prepare for New Overtime Regulations Scheduled to Take Effect July 1, 2024

By Wessels Sherman / April 26, 2024

On April 23, 2024, the U.S. Department of Labor issued its final rule raising the salary thresholds that must be met in order to classify employees as “exempt” from overtime pay requirements under the Fair Labor Standards Act (FLSA). This final rule is set to take effect on July 1, 2024. Executive, Administrative and Professional…

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Federal Trade Commission (“FTC”) Publishes Its Final Rule, Barring Most Noncompete Agreements

By Joseph H. Laverty / April 25, 2024

            On April 23rd the FTC issued a final rule which for all practical purposes would ban noncompete agreements nationwide. Under the new rule, existing noncompete agreements for senior executives can remain in force, but employers are not allowed to enter into or enforce new noncompete agreements with senior executives. The final rule defines senior…

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