The 7th Circuit Court of Appeals (the “Court”) recently issued a unanimous appellate decision in Klassen, et al. v. Trustees of Indiana University, ruling that Indiana University’s (the “University”) COVID-19 vaccine mandate (the “Mandate”) did not violate any constitutional right. The University…
This afternoon, President Biden issued an Executive Order to promote competition. The Executive Order includes 72 initiatives by more than a dozen federal agencies to promptly tackle competition problems in the U.S. economy. While this Executive Order has no immediate effect on employers, it could…
Recently the Occupational Safety and Health Administration (“OSHA”) updated its COVID-19 Emergency Temporary Standard (“ETS”). Under this new ETS, OSHA details various workplace safety guidelines that employers are advised to follow to protect unvaccinated and otherwise at-risk workers from…
As anticipated, the litigation regarding COVID-19 vaccinations is beginning. In Jennifer Bridges, et al. v. The Methodist Hospital d/b/a the Methodist Hospital System, et al.,1 the U.S. District Court for the Southern District of Texas ruled that the hospital system in Houston could require its…
The EEOC recently updated its guidance on vaccine administration and included guidance on what employers can require or ask, what accommodations must be considered, and what incentives can be provided. As you update your organization’s vaccine requirements, it is important to ensure your…
The laws regarding pre-employment background checks are complicated and Illinois’ new amendments to the Illinois Human Rights Act has just added to background check requirements. On March 23, 2021, Governor Pritzker signed into law new requirements for background checks in Illinois that take effect…
On March 11, 2021, Congress passed the American Rescue Plan Act (“ARPA”), the third piece of legislation providing comprehensive relief to Americans for COVID-19 related issues. For covered employers that elect to continue providing COVID-19 related paid leave, ARPA extends and expands certain paid…
A year ago, many employers did not know the variety of questions that would arise during the COVID-19 pandemic concerning their workplaces and employees. But here we are, and the questions and issues continue. As vaccines become more readily available, one question at the forefront is whether…
On March 11, 2021, the U.S. Department of Labor (DOL) announced two proposed withdrawals of previously issued rules,1 including those (i) for evaluating an individual’s independent contractor status, and (ii) narrowing the definition of joint employer. The DOL’s stated reasoning for issuing the…
Employment agreements frequently contain restrictions that disallow a departing employee from soliciting former employees and co-workers to join the employee’s new employer. These restrictions are also referred to as “non-poaching” employee restrictions.
Restrictions of this type have generally…
