State Developments

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On June 23, the U.S. Supreme Court held that a California provision requiring agricultural employers to allow unionizers onto their property violated the Fifth and Fourteenth Amendments – a clear win for employers. The named plaintiff in Cedar Point Nursery v. Hassid is a strawberry grower that employs more than 400 seasonal and 100 full-time workers. In October 2015, the United Farm Workers entered Cedar Point’s property and, using bullhorns, encouraged workers to join the organizers in a protest.
Continue Reading And Stay Out! Supreme Court Rules Golden State Regulation Giving Unions Access to Private Farmland Is Unconstitutional Taking

Glass jar full of Cannabis Sativa

In November 2020, Montana joined Arizona, New Jersey, and South Dakota in legalizing recreational cannabis use. Montana voters approved a pair of ballot initiatives on November 3, the Marijuana Legalization Initiative (“Montana I-190”) and the Allow for a Legal Age for Marijuana Amendment (“Montana CI-118”), both of which needed to pass for recreational use to become legal for adults 21 and older.
Continue Reading Cannabis Legislation in Key States: Montana Voters Approve Legalizing Marijuana for Recreational Use

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

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.
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Continue Reading 2020 Labor and Employment Legislative Developments

Following the trend that began in New York and California, Illinois’ own #MeToo-inspired legislation, called the Workplace Transparency Act (WTA), applies to all Illinois employers[1] and takes effect on January 1, 2020.
Continue Reading New Year’s Reminder: Mandatory Sexual Harassment Training and Related #MeToo Protections to Take Effect in Illinois

Law and Marijuana

Most Illinois employers are already aware of the Illinois Cannabis Regulation and Tax Act (Cannabis Act) which, among other things, legalizes recreational use of marijuana in Illinois effective January 1, 2020.  On December 4, 2019, Illinois Governor J.B. Pritzker signed into law amendments to the Cannabis Act that, at a glance, appear to offer hope for employers seeking clarity about when they may discipline or refuse to hire an individual based on marijuana use. While the amendments make clear that employers may test applicants and employees for marijuana, the law continues to remain unclear as to what an employer may do with a positive marijuana result.
Continue Reading Illinois Recreational Marijuana Law Amendments Permit “Reasonable” Drug Testing But Leave Uncertainty

Book with title California law and a gavel.

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

Sexual harassment

As the #MeToo movement continues to sweep the country, on August 9, 2019, Governor J.B. Pritzker signed into law Illinois Senate Bill 75 (now Public Act 101-0221) which will mandate statewide sexual harassment training for employers in Illinois and add other obligations and restrictions aimed at curbing sexual harassment and discrimination in the workplace.

Taking effect in just a few short months, the Act will require at least some policy, practice, and/or contracts revisions by virtually all Illinois employers.

Substantively, Senate Bill 75 amends the Illinois Human Rights Act (IHRA) and the Victims’ Economic Security and Safety Act (VESSA) in numerous significant ways, and enacts the Workplace Transparency Act (WTA) and Hotel and Casino Employee Safety Act.

Unless otherwise noted, these amendments and new laws take effect January 1, 2020.
Continue Reading Mandatory Sexual Harassment Training and Other Sweeping #MeToo Protections to Take Effect in Illinois

Documents with title Salary history ban.

Last week, Illinois Governor J.B. Pritzker signed into law several amendments to the Illinois Equal Pay Act that are certain to have wide-ranging impacts. Most significantly, Illinois will join the growing number of states that prohibit employers from asking about or considering a job applicant’s prior salary history when making hiring decisions. The amendments will also modify an exception to the equal pay requirement that, in certain circumstances, allows employers to pay different wages to employees who work substantially similar jobs, and the amendments will expand the types and amounts of damages that are available for equal pay violations.

The new laws take effect on September 29, 2019, leaving little time for employers to adjust. Here’s what you need to know.
Continue Reading Amendments to the Illinois Equal Pay Act

Glass jar full of Cannabis Sativa

The haze of Springfield’s recent legislative session has cleared, and Illinois has become the latest state poised to legalize marijuana. Like many other businesses throughout the country, Illinois employers will be faced with the complexity of enforcing their drug and substance abuse policies while their employees have the legal right to use marijuana outside of the workplace.
Continue Reading Weeding Out the Issues of Legalizing Recreational Marijuana in Illinois