Employment Law Updates

More Company Handbook Provisions Are Held Invalid According to the NLRB

National Labor Relations Board (NLRB) has taken a very aggressive approach against employers by requiring them to rescind employee handbook provisions that it deems to be unlawful pursuant to the National Labor Relations Act (NLRA).

NLRB General Counsel Provides Guidance on Lawful and Unlawful Employer Rules

E. Jason Tremblay On March 18, 2015, the National Labor Relations Board (“NLRB”) General Counsel, Richard Griffin, issued the “Report of the General Counsel Concerning Employer Rules,” a comprehensive report providing guidance to employers on what the NLRB deems to be lawful and unlawful company handbook provisions and policies. We strongly encourage all employers, union […]

NLRB Weighs in on Employers’ Right to Monitor Workplace Communications

E. Jason Tremblay It has traditionally been understood and recognized that employees do not have an expectation of privacy when using their employer’s computer system and that employers can monitor and control their employees’ emails. However, in light of a recent decision by the National Labor Relations Board (“NLRB”) in Purple Communications, Inc., 361 NLRB […]

Limitations Period For Bringing Discrimination and Retaliation Claims May Be Contractually Shortened

E. Jason Tremblay A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois. In Lugihibl, […]

Cook County Enacts Wage Theft Ordinance with Serious Consequences for Employers

Megan Toth Cook County recently became the largest county in the nation to pass a “wage theft” ordinance that will have significant consequences for employers that are located in, contract with, or do business in Cook County. Effective May 1, 2015, qualifying employers found in violation of any state or federal wage-payment laws within the […]

Chicago to Raise Its Minimum Wage

E. Jason Tremblay On December 2, 2014, the Chicago City Council followed several other municipalities around the country and approved an ordinance to raise the minimum wage. Effective July 1, 2015, Chicago employers of all sizes will be required to pay a minimum hourly wage of $10.00 (from its current $8.25 per hour) with successive […]

Ban the Box Law Will Soon Apply to Virtually All Chicago Employers

E. Jason Tremblay On November 5, 2014, the Chicago City Council approved an ordinance that effectively makes the recently-passed Illinois’ Job Opportunities for Qualified Applicants Act (commonly known as the Ban the Box Law) apply to all Chicago employers. The Illinois Ban the Box Law does not apply to employers with less than 15 employees, […]

Ban The Box Law Will Soon Apply to Small Chicago Employers

E. Jason Tremblay On November 5, 2014, the Chicago City Council approved an ordinance that effectively makes the recently-passed Illinois’ Job Opportunities for Qualified Applicants Act (commonly known as the Ban the Box Law) apply to Chicago employers with fewer than 15 employees. The purpose of the ordinance is to remove employment barriers for applicants […]

Jason Tremblay to present to Illinois State Medical Society

Arnstein & Lehr Chicago Partner Jason Tremblay will be presenting on November 14 at the “Time for a Check-up: Improving the Business Health of Your Practice” seminar. Jason’s presentation will be about best practices for managing your workforce.

Illinois Appellate Court rules on enforcement of restrictive covenants

In a somewhat surprising development, the Illinois Appellate Court recently ruled that restrictive covenants are not enforceable if an employee has worked less than two (2) years for the employer seeking enforcement, unless that employee has received special, additional consideration beyond being hired for agreeing to the restriction. Fifield v. Premier Dealer Services (Illinois Appellate […]