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Time for a Breakroom Makeover: EEOC Releases New “Know Your Rights” Poster

By: Elizabeth M. Roberson and Virginia A. Talley on October 21, 2022

The Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights: Workplace Discrimination is Illegal” poster on October 19, 2022, which replaces the “Equal Employment Opportunity is the Law” poster last revised in 2009. 

In its press release, the EEOC states that the plain language…

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Is Your Workplace Correctly Classifying Employees and Independent Contractors? 

By: Elizabeth M. Roberson on October 17, 2022

On October 13, 2022, the U.S. Department of Labor (DOL) published a Proposed Rule to revise its prior guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This Proposed Rule rescinds a prior rule that was published on January 7, 2021,…

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Service and Emotional Support Animals (Podcast)

By: Shelley M. Jackson and George C. Lepeniotis on August 27, 2022

Shelley M. Jackson discusses the differences between service and emotional support animals and what rights are available for individuals who have them?

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Work Opportunity Tax Credits Can Increase Diversity and Reduce Labor Shortages

By: Nancy J. Townsend on August 12, 2022

In a tight labor market with diversity, equity, and inclusion front of mind, some employers have expanded their outreach to prospective employees under the federal Work Opportunity Tax Credit (WOTC). Refining their recruiting approach may relieve staffing pressures and enhance workplace diversity,…

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Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?

By: Brett J. Ashton and Libby Yin Goodknight on June 8, 2022

While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…

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New Law Will End Forced Arbitration in Sexual Assault and Sexual Harassment Cases

By: Elizabeth M. Roberson on February 14, 2022

Last week, the Senate passed a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, that will nullify forced arbitration clauses in sexual assault and sexual harassment cases. The bill has been sent to President Biden’s desk for signature and is expected to be signed…

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CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling

By: Virginia A. Talley and Shelley M. Jackson on January 20, 2022

On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”). 

Scope of Guidance

The…

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Beware of the Illinois Employee who Insists on Independent Contractor Status

By: Nancy J. Townsend on January 19, 2022

Imagine that your company contracts with a salesperson, consultant, or other professional, who insists on an independent contractor arrangement. He wants to be free to accept other work opportunities. Your company accommodates by paying a daily rate for services, setting up a payment-upon-invoicing…

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U.S. Supreme Court Issues Key Decisions on OSHA’s Vaccine-or-Test Rule and CMS’s Mandatory Vaccination Rule

By: Elizabeth M. Roberson and Shelley M. Jackson on January 14, 2022

Yesterday afternoon, the U.S. Supreme Court issued two key rulings relating to mandatory COVID-19 workplace measures. The rulings contain important implications for private and certain other employers with 100 or more employees and for health care entities subject to conditions of participation…

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Significant Changes to Illinois Law Affect Employers’ Restrictive Covenant Agreements

By: Elizabeth M. Roberson on January 6, 2022

As of January 1, 2022, Illinois employers must abide by significant new amendments to the Illinois Freedom to Work Act (the “Act”). Specifically, these amendments pertain to non-competition and non-solicitation agreements between employers and their employees that are entered into after January 1,…

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OSHA Withdraws Healthcare Emergency Temporary Standard, Recordkeeping Obligations Remain in Place

By: Virginia A. Talley and Shelley M. Jackson on December 29, 2021

On December 27, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) withdrew the non-recordkeeping portions of the Healthcare Emergency Temporary Standard (“Healthcare ETS”). In its Statement on the Status of the OSHA COVID-19 Healthcare ETS (“Statement”), OSHA announced that it…

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Off-Again, On-Again: Sixth Circuit Lifts Stay on OSHA’s Vaccination-or-Test Mandate

By: Shelley M. Jackson on December 21, 2021

Employers with 100 or more employees may feel whiplash as they once again prepare to pivot in connection with the Biden Administration’s push to implement mandatory vaccination-or-test policies in the workplace. On Friday, December 17, 2021, the Sixth Circuit Court of Appeals granted an emergency…

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