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On January 13, 2022, the United States Supreme Court issued its opinion on the application for stay filed in National Federal of Independent Business v. Department of Labor. In that opinion, a six-member majority of the Court ruled that the Occupational Safety and Health Administration (OSHA) had exceeded its authority in issuing an emergency technical standard requiring the vaccination of employees of larger employers.
Continue Reading Off Again: United States Supreme Court Blocks OSHA COVID-19 ETS

A few things employers should consider as the New Year approaches

As a new year approaches, one thing many have in common is wondering about what lies ahead. Here are just a few things employers should be considering. The overarching theme? Compliance.

Every year, laws change. For employers, these changes flag new compliance issues. This year, perhaps more than any in recent history, this exercise is more critical. Congress is primed to enact new laws in the pending infrastructure package which has, in part, set this in motion. The Biden Administration and the President’s appointments to various agencies have also dramatically made this concern even more important. These changes will require employers to review how they have been operating over the years, and how these statutory and other legal developments will require them to alter their practices going forward. This article highlights a few of these items.


Continue Reading Labor & Employment Compliance in 2022

The Solicitor of Labor has commented that the ETS is expected to be published in the coming weeks. The ETS will go into effect immediately upon publication except for those states with their own OSHA-type laws. Those states will have up to 30 days to conform their laws to the federal edict, and once they do so, the edict will apply to the same employers subject to the federal order, plus other employers the states choose to extend the rule to, such as public employers.

Continue Reading To Vax or Not to Vax: No Longer a Question for Larger Private Employers Under Biden’s Vaccine Mandate

The landscape regarding non-competition and non-solicitation agreements in Illinois is expected to change dramatically due to a bill recently passed by the Illinois Legislature and which is expected to be signed by Governor Pritzker.  The amendments to the Illinois Freedom to Work Act (“IFWA”) apply to Non-Competition and Non-Solicitation agreements signed on or after January 1, 2022, but would not apply retroactively.

Continue Reading Illinois Freedom to Work Act Amendments Aim to Reshape Employee Non-Compete and Non-Solicitation Agreements