Law and the Workplace

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On May 17, 2023, the Illinois legislature passed House Bill 3129 (the “Bill”), which amends the Illinois Equal Pay Act (820 ILCS 112, et. seq.) to require Illinois employers to include pay scale and benefits information in job postings and to post or announce internally to employees all known opportunities for promotion, in an apparent effort to reduce pay inequities

On May 8, 2023, the Illinois legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from any Employment Eligibility Verification Systems,

On April 27,2022, the Chicago City Council passed SO2022-665, which broadened the Chicago Human Rights Ordinance (the “Ordinance”) and imposed new requirements on Chicago employers with respect to preventing sexual harassment in the workplace.  Pursuant to the Ordinance, all employees working in Chicago must participate in sexual harassment prevention training and bystander training annually.

Specifically, affected employers are now required

HB3129 (the “Bill”), which was introduced in the Illinois House of Representatives on February 16, 2013, and passed by the Labor & Commerce Committee on February 28, 2023, would require Illinois employers to include pay scale information in job postings—or face financial consequences.  The Bill defines “pay scale” to mean the salary or hourly wage range that the employer reasonably

Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year.  In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a growing trend in damages theories and illustrate the importance of expert testimony in both the prosecution and defense of trade secret misappropriation cases.  The cases

***UPDATE: Mayor Bruce Harrell signed the amendments into law on February 23, 2023.***

Seattle has become the first U.S. city to approve legislation amending city ordinances to prohibit discrimination on the basis of “caste,” including in the context of employment.  The proposals now go before the mayor for signature.

The legislative push was largely driven by discrimination-related concerns with respect

On February 17, 2023, the Illinois Supreme Court ruled that claims under the Biometric Information Privacy Act (“BIPA”) may accrue with each biometric scan and not just on an individual’s first scan.  Cothron v. White Castle System, Inc., 2023 IL 128004.

In Cothron, the plaintiff alleged that the employer failed to follow BIPA’s requirements in connection requiring employees to scan

On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment non-competition agreements. The bill had been previously introduced in 2018, 2019, and 2021, but it was stalled each time and did not make it to

On February 2, 2023, the Illinois Supreme Court reversed in part the decision of an Illinois Appellate Court and held that all claims brought pursuant to Section 15 of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq., are subject to a five-year statute of limitations period. Tims v. Black Horse Carriers, Inc., No. 2023 IL 127801.

On January 4, 2023, in Ainslie, et al. v. Cantor Fitzgerald, L.P., the Delaware Court of Chancery invalidated the forfeiture-for-competition provision in the financial services company’s limited partnership agreement, based on the court’s determination that the agreement’s non-competition provision was unenforceable.  (CA. No. 9436-VCZ (Del. Ch. Jan. 4, 2023).  As a result, the court determined that Cantor Fitzgerald Limited Partnership