Category Archives: Employee Benefits

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Important EEO-1 and I-9 Updates

Pay Data Requirement for EEO-1 Form Stayed Earlier this week, the U.S. Office of Management and Budget (OMB) initiated an immediate stay of the Equal Employment Opportunity Commission’s revamped Employer Information Report, or EEO-1. As discussed here, an expanded EEO-1 was issued in September 2016, and required employers to submit information on employee pay and hours … Continue Reading

Reminder for Cook County and Chicago Employers: New Sick Leave Laws Become Effective July 1

On July 1, 2017, Chicago’s Paid Sick Leave Ordinance and Cook County’s Earned Sick Leave Ordinance go into effect, requiring employers to provide paid sick leave to covered employees. (A detailed description of each ordinance’s requirements may be found on our blog here and here.) In addition to providing paid sick leave, employers must provide … Continue Reading

Big Changes in the Big Apple: NYC Bans Salary History Questions and Imposes New Requirements for Independent Contractors

New York City made waves this month by imposing new requirements on independent contractor agreements and by passing a law that prohibits employers from asking about or considering an applicant’s prior salary. Although New York City is just the third jurisdiction to adopt a law prohibiting inquiries into an applicant’s salary history (Massachusetts and Philadelphia … Continue Reading

New Laws and Lessons for Employers After Trump’s First 100 Days (Podcast)

In this 20-minute podcast, Hank Sledz and Lauren Novak discuss Congress’ push to allow private companies to offer comp time in lieu of paying time-and-a-half for overtime under the Working Families Flexibility Act, how employer-friendly the National Labor Relations Board (NLRB) and Department of Labor will be under new leadership, and other important changes during … Continue Reading

Seventh Circuit Breaks New Ground: Sexual Orientation Discrimination Prohibited by Title VII

In a landmark decision reflecting a potential turning of the tide for the LGBT community, the U.S. Court of Appeals for the Seventh Circuit has become the first federal appeals court in the nation to hold that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII. Hively … Continue Reading

11th Circuit Joins Others in Holding Sexual Orientation Discrimination Not Covered by Title VII

Joining nearly all other federal circuit courts, the U.S. Court of Appeals for the Eleventh Circuit has held that Title VII does not cover discrimination based on sexual orientation. Evans v. Georgia Regional Hospital, 2017 WL 943925 (11th Cir. March 10, 2017). While closing the door on Title VII sexual orientation discrimination claims, the court re-affirmed that … Continue Reading

2017 Legislative Developments

Schiff Hardin’s L&E Group rings in the new year with our annual reporting on certain employment-related legislative developments slated to take effect in 2017 on the federal level and in Illinois, California, New York, Washington, D.C., Georgia, Michigan, and Texas.… Continue Reading

EEOC Giving More Thought to Mental Health Conditions

The U.S. Equal Employment Opportunity (EEOC) this week issued a publication addressing the rights of employees and applicants with mental health conditions under the Americans with Disabilities Act (ADA). The publication, entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” can be found here.… Continue Reading

Cook County Adopts Paid Sick Leave Ordinance and Minimum Wage Increase

Following in the footsteps of the City of Chicago, Cook County, Ill. has now adopted two new ordinances providing for paid sick leave for all employees and an increase to the minimum wage for low income workers. With both ordinances effective July 1, 2017, employers will need to budget accordingly to minimize the financial impact … Continue Reading

EEOC and DOL Active Last Week: EEO-1 Pay Data Rule and Federal Contractor Paid Sick Leave Rule to Take Effect

Last week, the EEOC issued its final rule regarding pay data to be collected with the annual EEO-1 reports. Covered employers will now need to submit pay data sorted by job group and demographic data in their annual EEO-1 reports. The final rule was implemented with no material changes from the proposed rule first issued earlier this … Continue Reading

Don’t Leave This For Later: Advice For Employers On New Bereavement And Sick Time Laws

Two recent laws in Illinois and Chicago provide employees with unpaid leave for the death of a child or paid leave for an illness. On June 22, 2016, the Chicago City Council passed an ordinance (“Sick Leave Ordinance”) guaranteeing paid sick leave to private sector and City of Chicago employees. On July 29, Governor Bruce … Continue Reading

Supreme Court Tells Insurers Not to Twiddle Their Thumbs

The early bird really does get the best end of the deal, according to a new U.S. Supreme Court decision interpreting who is entitled to share in litigation awards. Montanile v. Bd. Of Trustees Of The Nat’l Elevator Industry Health Benefit Plan, 577 U.S. –, No. 14-723 (Jan. 20, 2016). The decision both limited employee benefits … Continue Reading

Employment Law Highlights from the Supreme Court’s Current Term

Employment law loomed large on the Supreme Court’s docket this term. In seven highly anticipated cases, the Court interpreted federal employment statutes from Title VII and the Pregnancy Discrimination Act to FLSA and ERISA. While employers received favorable rulings in some cases, the Court’s decisions regarding religious discrimination and the accommodation of pregnant workers could impact … Continue Reading

Supreme Court Rules That For-Profit Corporations Are Not Obligated to Comply With the Affordable Care Act’s Contraception Mandate Based on Religious Beliefs

On Monday, the U.S. Supreme Court held that the protections of the Religious Freedom Restoration Act of 1993 (RFRA) extend to some for-profit corporations seeking an exemption from a mandate in the Affordable Care Act (ACA) requiring non-grandfathered group health plans to cover, among other preventative health measures, the cost of certain contraception for women.… Continue Reading

Illinois Joins Growing Cadre of States Recognizing Marriage Equality

Late Wednesday, before a gathering of over 2000 people at the University of Illinois at Chicago Forum, Governor Pat Quinn officially signed the recently passed Illinois “marriage equality act” into law. Under the Illinois Constitution, because the law was passed after May 31 without a supermajority, it will not take effect until June 1, 2014. … Continue Reading

Deadline For the Employer “Pay or Play” Mandates Under Health Care Reform Extended Until 2015

Late yesterday, the Assistant Secretary for Tax Policy posted an informal “Treasury Notes” blog announcing that the Administration would extend the deadline to 2015 for certain mandatory employer reporting requirements and for the employer “pay or play” penalties under the federal health care reform act. Those reporting requirements included information designed to help the government … Continue Reading

New Employee Benefits Rules for Some Same-Sex Marriages

On June 26, 2013, the United States Supreme Court invalidated the provision of the federal Defense of Marriage Act (“DOMA”) that had previously recognized only opposite-sex marriages for certain purposes under federal law (United States of America v. Windsor, 570 U.S. ____ (2013)). As a result, certain married same-sex couples will now be treated the … Continue Reading