On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an FMLA violation. Rather, the FMLA may be violated where an employer discourages an employee from taking FMLA leave. The case is
Latest from Law and the Workplace
In Colorado, “Low Wage” Now Means Six-Figures For Non-Competes
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on August 10, 2022 – Colorado will join the ranks of Illinois, Washington, and other states that have prohibited non-competes for
Stricter Requirements Added to Illinois One Day Rest in Seven Act
On May 13, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill 3146 (the “Amendment”), amending the One Day Rest In Seven Act (“ODRISA”). The Amendment will go into effect on January 1, 2023.
Rest Days
The Amendment, once effective, will require employers to provide non-exempt employees with one 24-hour day of rest in every consecutive seven-day period.
ODRISA,
Chicago City Council Expands Sexual Harassment Laws
On April 27, 2022, the Chicago City Council passed Ordinance 2022-665 (the “Ordinance”) amending the Municipal Code to enhance the City’s prohibitions on sexual harassment in the workplace. The amendments include, among other things, modified definitions of “sexual orientation” and “sexual harassment,” a new written policy requirement for employers, increased sexual harassment prevention training requirements, and stricter penalties for violations.
Illinois Department of Labor Publishes Guidance for Employers Seeking Equal Pay Registration Certificate
Effective March 24, 2022, the Illinois Equal Pay Act (IEPA) was amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024, and every two years thereafter.
To apply for the EPRC, businesses must submit the following to the Illinois Department of Labor (IDOL): (1) a filing
CA Appellate Court Addresses “Willfulness” Standard Under FCRA
On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had “willfully” violated the Fair Credit Reporting Act’s (“FCRA”) “standalone disclosure” requirement. The case is Hebert v. Barnes & Noble, Inc., No. D079038.
Background
The
7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims
On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected activity. The case is Perez v. Staples Contract & Commercial LLC, No. 21-cv-2601.
Background
Plaintiff, a sales representative, was placed on an associate success
First Deadline Approaching for New Illinois Equal Pay Act Requirements
On January 25, 2022, the Illinois Department of Labor (“IDOL”) issued notices to 625 Illinois businesses to inform them that they have until May 25, 2022 to submit their Equal Pay Registration Certificate (“Certificate”) application as required under the amendments to the Illinois Equal Pay Act (“IEPA”).
Background
The IEPA was amended, effective June 25, 2021, to require private businesses
Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act
On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq. McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511.
Background
On August 17, 2017, the plaintiff filed a class
7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses
On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants who alleged that hiring exams used by the Cook County Department of Corrections (“DOC”) resulted in a disparate impact on the basis of race in