Two recent federal criminal indictments have captured the attention of both antitrust and employment lawyers, as well as the legal and business community nationwide. The cases – both in the U.S. District Court for the Northern District of Texas – demonstrate that the U.S. Department of Justice is escalating its focus on so-called wage-fixing and no-poach agreements. This is an important development to be aware of because (1) the Department of Justice treats wage-fixing and no-poach agreements as per se illegal, meaning that they violate the law regardless of whether there is any anti-competitive effect, and (2) companies may be held liable for these agreements even if they are formed between lower-level employees.
Continue Reading New Indictments Raise Antitrust Issues in Employment Settings

Remember August 2019? Before COVID? Before masks? Before shutdowns, limited reopenings, resurgences, and renewed shutdowns? Before presidential election drama?

Fifteen months seems like a lifetime ago. And for many of us, at least a few action items that were important at the time have since slipped to the back burner. That doesn’t make us bad people or even procrastinators; we’ve had a few emergent issues to address that have taken priority. But we’re now about five weeks away from a deadline that was instituted for Illinois employers in August 2019, and if you haven’t already done so, now is the time to ensure compliance with the Workplace Transparency Act (WTA).


Continue Reading Last Call: Illinois Employers Must Provide Sexual Harassment Training by Year End

On March 27 and 28, the U.S. Department of Labor (DOL) released additional question-and-answer style guidance on the emergency paid sick and family leave provisions of the Families First Coronavirus Response Act (FFCRA), which we first reported here. We look below at seven key issues addressed in the DOL’s updated guidance.

Continue Reading Updated Guidance for Employers on Paid Leave Requirements of the Families First Coronavirus Response Act

On Wednesday, New York Governor Andrew Cuomo signed A10153, a bill designed to provide paid sick leave and wage replacement for workers who are affected by the coronavirus pandemic. While the bill provides public assistance for employees affected by the pandemic, it requires certain employers to provide additional paid sick leave to employees impacted by COVID-19. The new law’s provisions took effect immediately once Governor Cuomo signed it on Wednesday.

Continue Reading New York Law Now Requires Employers to Provide Additional Paid Sick Leave to Employees Affected by Coronavirus

Yesterday, the National Labor Relations Board (NLRB or Board) issued its much anticipated final rule on the joint-employer standard under the National Labor Relations Act (NLRA). Resolving a dispute at the agency that persisted for over four years, the final rule is welcome news for many employers – particularly franchisors and businesses that regularly engage supplemental or contingent workers from third-party agencies – who are less likely to be considered joint employers under the final rule.
Continue Reading NLRB Joint-Employer Final Rule: Good News for Employers

The new decade brings Schiff Hardin’s Labor & Employment Group’s annual legislative update, summarizing new legislation in 2020 under federal law and in Illinois, California, New York, Michigan, and the District of Columbia.

Continue Reading 2020 Labor and Employment Legislative Developments

On September 11, 2019, the California Senate passed Assembly Bill 5 (A.B. 5), which – if signed into law – will codify the so-called “ABC Test” utilized by the California Supreme Court in Dynamex v. Superior Court of Los Angeles to hold that the company’s delivery drivers were employees, not independent contractors, for the purpose of applying California Department of Industrial Relations Wage Orders. The bill, which California Governor Gavin Newsom is expected to sign, will have major implications on so-called “gig economy” workers, potentially leading to many being reclassified as employees rather than independent contractors.
Continue Reading Pending Major Worker Reclassification Law Aims to Burst California’s “Gig Economy” Bubble

On July 24, 2019, the Chicago City Council voted to pass the Fair Workweek Ordinance that will require covered employers to, among other things, provide employees with at least 10 days’ advance notice of their work schedules and provide additional compensation to employees for any unscheduled changes to their scheduled work hours. Mayor Lori Lightfoot publically supported and is expected to sign the ordinance, which will go into effect on July 1, 2020.
Continue Reading Chicago Fair Workweek Law Set to Impose Sweeping Predictable Workweek Requirements

The U.S. Equal Employment Opportunity Commission (EEOC) has updated last week’s statement, described here, to confirm that in addition to 2018 “Component 2” pay data, it will now also be seeking data for calendar year 2017 by the September 30 deadline.

While EEO-1 compliance for 2019 appears to be a moving target, employers should plan to heed the EEOC’s statement and prepare to comply with the September 30 deadline for Component 2 data for both 2017 and 2018.
Continue Reading EEOC Compliance Update: Employers Must Now Also Submit 2017 EEO-1 Component 2 Data by September 30

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a statement notifying covered entities to prepare to submit EEO-1 “Component 2” pay data for calendar year 2018 by the end of September. According to the Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection, the EEOC expects to start collecting this data in mid-July, and in the meantime, filers must still submit their EEO-1 “Component 1” data for calendar year 2018 by the extended May 31, 2019 deadline. In light of these developments, covered employers should, at a minimum, prepare to file 2018 Component 2 pay and hours data by September 30, in addition to filing Component 1 data by May 31.
Continue Reading EEOC Compliance Notice: Employers Must File EEO-1 Component 2 Data by September 30