Protecting Employers Since 1985
Last week, a Pennsylvania Federal Judge refused to issue a temporary restraining order to block the Federal Trade Commission’s (FTC’s) ban on non-compete agreements. This was a very important ruling. All eyes are now on a Texas Federal Judge who has practically the same issue before her, and the Texas Federal Judge has allegedly indicated…
Read MoreA key aspect of the Americans with Disabilities Act involves the concept of “essential job functions,” or for brevity in this article, “EJFs”. These comprise the core elements of any job, the primary reason the job exists. In theory, employers can insist that a disabled individual be able to perform the EJFs of their position,…
Read MoreJust last Friday the U.S. Supreme Court issued decisions in a pair of companion cases, overturning longstanding precedent that instructed federal courts to defer to agency interpretations of the laws they enforce. The precedent was established by the Court forty years ago, in Chevron v. Natural Resources Defense Counsel. The holding of that case, which…
Read MoreWe have now had several months to begin adjusting to the implementation of Illinois’ Paid Leave for All Workers Act, which went into effect on January 1, 2024. On December 31, 2023, Cook County enacted its own companion ordinance, and on July 1, 2024 the City of Chicago will begin implementing its own alternative. The…
Read MoreOn April 23, 2024, the Federal Trade Commission (FTC) published its final rule regarding non-compete clauses. The final rule bans most non-compete clauses between employers and their workers. The effective date of the final rule is September 4, 2024. The final rule allows employers to maintain existing non-compete agreements with “senior executives” (those who make…
Read MoreIn the wake of a Minneapolis police officer’s murder of George Floyd and widespread rioting that ensued, teachers at a Twin Cities area school pressed the school’s superintendent to allow them to promote Black Lives Matter in the classroom. Initially, the superintendent denied the request as a violation of school policy against bringing politics into…
Read MoreGenerally, I don’t write much about unemployment compensation decisions. They don’t impact a business the way a lawsuit can, and employers just don’t seem to find them very interesting. I suspect some of the disinterest stems from unfavorable outcomes employers come to expect when a terminated employee’s application for unemployment compensation benefits is challenged based…
Read MoreNumerous 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…
Read MoreIllinois 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
Read MoreThe 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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