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Shawn Fabian is a partner in the Labor and Employment Practice Group in the firm's Chicago and New York offices.

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context.

Continue Reading Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits except in the sale of business context and with “highly compensated” workers. The law also provides specific notice requirements and imposes costly penalties for non-compliance. The law’s requirements and penalties are not retroactive. The key requirements of the new law are as follows:

Continue Reading Colorado’s New Restrictive Covenant Law Now Effective

For those larger Illinois employers who have not yet reported payroll and diversity data to the Illinois Department of Labor (the “IDOL”), now may be the time.  The IDOL recently issued guidance to help employers navigate their reporting requirements (the “Guidance”).

Continue Reading Now is the Time for Employers to Report Pay Equity Data to the Illinois Labor Department

Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation covenants.
Continue Reading Illinois Imposes New Restrictions on Non-Competes and Non-Solicits

On September 9, 2021, the White House released a memorandum titled “Path Out of the Pandemic,” which detailed President Biden’s COVID-19 Action Plan.  The memorandum contains six priorities for combatting the COVID-19 pandemic, including a requirement that all employers with 100 or more employees must implement a vaccine mandate and/or require weekly testing of unvaccinated workers.

Continue Reading President Biden and OSHA to Require Vaccine Mandate or Weekly Testing for Employers with 100+ Employees

On August 13, 2021, Governor Pritzker signed into law a bill amending the Illinois Freedom to Work Act governing restrictive covenants and non-competition agreements.  On May 30, 2021, the Illinois General Assembly passed a bill codifying existing noncompete law in some respects and modifying it in others.  We detailed the Bill in a prior blog here.  The Bill is now the law.  The amendments become effective on January 1, 2022 and will not apply retroactively.

Continue Reading Illinois Governor Signs Non-Compete Legislation

Illinois’s Governor J.B. Pritzker recently signed Senate Bill 1480 into law, establishing new employer certification and reporting requirements, making sweeping changes to Illinois’s anti-retaliation law, and curtailing employers’ uses of criminal convictions in employment decisions.  Effective immediately upon signing on March 23, 2021, the law impacts all employers doing business in Illinois.  A summary of the amendments to the Illinois Equal Pay Act, Illinois Business Corporation Act, and Illinois Human Rights Act are detailed below:
Continue Reading Governor Signs Sweeping Changes to Illinois Employment Laws

As we wrote earlier this year, every employer with employees working in Illinois is required to provide employees with sexual harassment prevention training that complies with the Illinois Human Rights Act (“IHRA”).  The Illinois Department of Human Rights (“IDHR”) recently released a model sexual harassment prevention training program that meets the IHRA’s requirements.
Continue Reading Employers: Do Not Forget Your Sexual Harassment Prevention Training Requirement

On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law.  The CARES Act is the most expansive economic stimulus package in American history.  The Act follows the passage of the Families First Coronavirus Response Act (“FFCRA”), and acts as its counterpart in many ways.
Continue Reading The CARES Act: A Comprehensive Overview for Employers

On March 20, 2020, Illinois Governor J.B. Pritzker issued a mandatory “Stay-at-Home” Order, located here, directing all Illinois residents to stay home or at their place of residence.  The Order takes effect beginning Saturday, March 21, 2020 at 5:00 p.m. CDT and will last through Tuesday, April 7, 2020.  Under this Order, all public and private gatherings occurring outside a single household or living unit are prohibited.  Following current guidance from the CDC, the Order prohibits any gathering of more than 10 people unless otherwise exempted.  Further, all places of public amusement, whether indoors or outdoors, must now be closed to the public during the pendency of the Order.

 Coronavirus, Stay-at-Home
Continue Reading Illinois Statewide Stay at Home Order: What Employers Need to Know