Featured Articles

Illinois Prohibits Non-Competition Agreements for Low-Wage Employees

E. Jason Tremblay Governor Bruce Rauner recently signed into law the Illinois Freedom to Work Act (the Act), which will prohibit private sector employers from entering into non-compete agreements with low-wage employees. The Act defines low-wage employees as those who earn the greater of: (a) the Federal ($7.25 per hour), State ($8.25 per hour), or […]

USDOL Issues New FLSA and EPPA Posters

E. Jason Tremblay The U.S. Department of Labor (DOL) recently issued slightly revised workplace posters under the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA). The new EPPA poster includes updated information regarding civil penalties to employers for violating the Act. The new FLSA poster includes new information regarding worker classification […]

Paid Sick Leave is Coming to Chicago

E. Jason Tremblay On June 22, 2016, the Chicago City Council passed the Chicago Minimum Wage and Paid Sick Leave Ordinance (the Ordinance). Provided the Ordinance is signed into law by Mayor Rahm Emanuel (which is expected), the Ordinance will take effect on July 1, 2017. As discussed more fully below, the Ordinance will allow […]

Defend Trade Secrets Act signed into law

Joseph Kuo On May 11, 2016, the Defend Trade Secrets Act (DTSA) of 2016 was signed into law. The DTSA was unanimously passed in the Senate and ratified in the House by a vote of 410-2. The DTSA became immediately effective for all trade secret misappropriations occurring after the date of enactment. The DTSA is […]

U.S. Department of Labor Weighs in on “Joint Employer” Standard

E. Jason Tremblay On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued an Administrative Interpretation setting forth guidance for when businesses will be deemed “joint employers” under the Fair Labor Standards Act. A copy of DOL’s Administrative Interpretation No. 2016-1 (the “Interpretation”) is attached here for your […]

NLRB’s New Joint Employment Standard

E. Jason Tremblay Are You A Joint Employer? Browning-Ferris Industries of California Case and Its Potential Impact By now, most employers are aware of the recent and significant decision from the National Labor Relations Board in Browning-Ferris Industries of California, Inc., 2015 NLRB LEXIS 672 (2015)(“Browning-Ferris”). In that case, the NLRB expanded who qualifies as […]

Restrictive Covenant Update

E. Jason Tremblay Restrictive Covenant Update: Don’t Forget to Establish Your Legitimate Business Interest! Let’s consider the following scenario. Executive is hired by an employer and signs a standard restrictive covenant agreement. Executive is later terminated and, thereafter, immediately opens up a competing business, begins to solicit and hire her former co-workers and commences soliciting […]

Many “Independent Contractors” May Now Be “Employees”

E. Jason Tremblay and Megan P. Toth Many “Independent Contractors” May Now Be “Employees” According to the Department of Labor On July 15, 2015, the U.S. Department of Labor issued an Administrator’s Interpretation regarding the application of the Fair Labor Standards Act with respect to the increasing misclassification of workers as “independent contractors.” The DOL’s […]

Continued Employment Constitutes Sufficient Consideration for Restrictive Covenants

E. Jason Tremblay Wisconsin Supreme Court: Continued Employment Constitutes Sufficient Consideration for Restrictive Covenants in Wisconsin Resolving previously unsettled law in Wisconsin, the Wisconsin Supreme Court recently held in Runzheimer International Ltd v. Friedlen that continued employment of an at-will employee following the execution of a restrictive covenant, such as a non-competition agreement, is sufficient […]

U.S. Supreme Court Rules on Religious Accommodation Under Title VII

Megan Toth U.S. Supreme Court Rules That a Request for a Religious Accommodation Is not Required to Maintain a Title VII Claim On June 1, 2015, the United States Supreme Court issued its opinion on the much anticipated Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores, Inc., holding that an employee is not required to specifically […]