Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic conditions and key initiatives at the National […]
Category: Labor & Employment
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board (NLRB) General Counsel Jennifer […]
Masking Mandates Lifted
February 28, 2022
Schools and districts throughout the State – and country – are beginning this school week on the heels of a flurry of announcements made last Friday by the CDC, the Illinois Supreme Court, Governor Pritzker and ISBE, culminating in a […]
Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims
February 14, 2022
In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois Biometric Privacy Act (BIPA) are not […]
Ex Dolphin Coach’s Suit Against NFL Shows Risk of Flash over Substance in DEI Initiatives
February 11, 2022
Brian Flores’ recent class action race discrimination lawsuit against the National Football League and its teams provides a cautionary tale as to what can happen when an organization professes to value diversity, equity and inclusion, but the employment decisions made […]
Bill to End Forced Arbitration in Sexual Misconduct Cases Passes in U.S. House and Senate
February 10, 2022
Also authored by Hannah May* This morning, the United States Senate passed a bill creating the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The U.S. House of Representatives passed the bill earlier this week, meaning […]
Supreme Court Halts Vax-or-Test for Large Employers, Allow Vax Requirement for Healthcare Workers
January 14, 2022
In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector employers with 100 or more employees and allowing the […]
And They’re Back: Sixth Circuit Lifts Stay on OSHA’s ETS Regarding Mandatory Vaccination or Testing
December 20, 2021
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the Fifth Circuit Court of Appeals. […]