By Oyvind Wistrom Minnesota Set to Invalidate All Future Non-Compete Agreements On May 24, 2023, Minnesota Governor Tim Walz signed into law a provision banning all future non-compete agreements in Minnesota. The term “non-compete” is defined to include provisions restricting an employee (or independent contractor) from performing work for another employer for a specified period […]
By Daniel Finerty There are several changes to Illinois that that, regardless of when the laws were passed, go into effect or have recently gone into effect in 2023, and place additional obligations on Illinois employers. Additional Paid Leave Obligations In addition to the Illinois Paid Leave for All Workers Act that goes into effect […]
By Daniel Finerty Effective January 1, 2024, the Illinois Paid Leave for All Workers Act (Act) will grant most Illinois employees the right to earn up to 40 hours of paid leave annually, setting a minimum paid leave standard for all Illinois employers. According to Governor Pritzker’s press release, the Act will provide about 1.5 […]
By Kristofor L. Hanson On May 1, 2023, the National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. In Lion Elastomers LLC II, 372 NLRB No. 83, the Board overruled its decision in General Motors, 369 NLRB No. 127 (2020) and reverted to its […]
By Alexandra “Sasha” Chepov In recent years, employers have adopted a wide variety of algorithmic decision-making tools to assist them in making employment decisions such as recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal and referral. These tools have been increasingly utilized by employers in an attempt to save time and effort, increase objectivity, […]
By Sally A. Piefer Under Wisconsin law, an employee is disqualified from receiving benefits if the employee engages in misconduct or substantial fault. In 2013, the Wisconsin legislature changed the definition of misconduct. With the change, Wisconsin law explicitly recognized that an employee’s absenteeism/tardiness can constitute misconduct, and therefore disqualified an employee from receiving unemployment […]
By Samantha J. Wood Due to precautions surrounding the COVID-19 pandemic, in March 2020, the Department of Homeland Security (“DHS”), announced flexibilities regarding Form I-9 compliance. Specifically, employers who hired employees to work exclusively in a remote setting were temporarily exempt from physically inspecting employee identification and employment authorization documents in the employees’ physical presence. […]
By Alexandra “Sasha” Chepov The Department of Labor (DOL) recently issued an opinion letter providing clarification as to how an employer is to calculate an employee’s leave entitlement under the Family and Medical Leave Act (FMLA) when such leave is taken during a week that includes a holiday. The FMLA entitled eligible employees of covered […]
By Laurie A. Petersen Federal government contractors and subcontractors, as part of their obligation under Section 503 of the Rehabilitation Act and 41 CFR Part 60-741.42, are required to invite applicants (pre and post offer) and employees (including every five years) to self-identify as an individual with a disability on a form approved by the […]
By Kristofor L. Hanson Continuing a very aggressive employee- and union-friendly agenda, on May 30, 2023, NLRB General Counsel Jennifer Abruzzo sent a memo, GC 23-08, to all Regional Directors, Officers-in-Charge, and Resident Officers, setting forth her view that the offer, maintenance, and enforcement of non-compete provisions in employment contracts and severance agreements violate the […]