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Today, the Illinois Supreme Court issued its long-awaited decision on whether the “exclusive remedy” provision of the Illinois Workers’ Compensation Act bars BIPA claims against Illinois employers. Unfortunately for employers, the Court ruled that workers’ compensation exclusivity does not bar BIPA claims against employers, thus leaving the floodgates open for further costly, and usually class action,…Read More
After weeks of consternation, uncertainty and litigation, the fate of OSHA’s Emergency Temporary Standard (“ETS”), which required employers with 100 or more employees to implement mandatory COVID vaccination policies, is now sealed – and it has been done by OSHA itself. After the U.S. the Supreme Court issued its decision to stay the OSHA mandate…Read More
In a companion decision to its ruling on the OSHA vaccine mandate, the Supreme Court issued another stay – but this one on injunctions that had been issued enjoining regulations issued by the Secretary of Health and Human Services mandating that recipients of Medicare and Medicaid funding (e.g., hospitals, outpatient rehabilitation facilities, skilled nursing facilities,…Read More
In a decision released this afternoon, the Supreme Court put a halt to the OSHA Emergency Temporary Standard that requires employers with 100 or more employees to implement a mandatory vaccine policy, under which employees must either be vaccinated for COVID or undergo weekly testing at their own expense, on their own time, or be…Read More
In the on-again-off-again legal environment surrounding the OSHA vaccine mandate, on Friday, December 17, 2021 the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay of OSHA vaccine mandate and reinstated the Emergency Temporary Standard (ETS). The ETS, which requires employers with 100 or more employees to implement and enforce a mandatory vaccine policy…Read More
On November 17, 2021, OSHA announced that, given the decision of the Fifth Circuit, it is suspending enforcement of its COVID vaccine mandate: On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86…Read More
“IT IS ORDERED that OSHA take no steps to implement or enforce the [vaccine] Mandate until further court order.” In a decision highly critical of OSHA’s November 5, 2021 Emergency Temporary Standard (“ETS”), which mandates that all employers with 100 or more employees “develop, implement and enforce a mandatory COVID-19 vaccine policy,” on November 12,…Read More
This morning the Occupational Safety and Health Administration announced the issuance of its much anticipated, highly controversial COVID vaccine mandate. The Emergency Temporary Standard, to be published in tomorrow’s Federal Register, becomes effective on publication. Employers are required to comply with its requirements within 30 days, except for the mandatory vaccines, which must be completed…Read More
Illinois employers often believe that if an employee quits, that employee is not eligible for unemployment insurance benefits. While this is generally true, many legal issues can arise that may muddy the waters. Let us look at the unemployment insurance law in Illinois with regard to voluntary leaving. Under Section 601 of the Illinois Unemployment…Read More
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