SimplyHR | Employment & Labor Blog 

Jennifer Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued a memorandum on May 30, 2023, finding that except in limited special circumstances, non-competition agreements – including the act of merely giving employees non-competition agreements or maintaining existing ones – violate Sections 7 and 8 of the National Labor Relations Act (Act). The memorandum states, “Except in limited circumstances, I believe the proffer, maintenance, and enforcement of such agreements violate Section 8(a)(1) of the Act.”

On January 13, 2022, the U.S. Supreme Court issued two decisions addressing COVID-19 vaccine mandates implemented by the Biden Administration. In the first opinion (National Federation of Independent Business v. OSHA), by a 6-3 majority, the Supreme Court blocked implementation of OSHA’s Emergency Temporary Standard (ETS) that would have required all employers with 100 or more employees to adopt a policy requiring mandatory COVID-19 vaccination and/or testing and masking policies for employees. OSHA’s ETS had recently taken effect, and the vaccination/testing requirements were set to become effective as of February 9. This ruling from the Supreme Court appears to signal the end of OSHA’s ETS.

In August 2021, Illinois Gov. J.B. Pritzker signed into law amendments to the Illinois Freedom to Work Act that will dramatically change the use of non-compete and non-solicitation agreements by Illinois employers. These amendments become effective January 1, 2022, and apply only to agreements entered into after that date.

As the COVID-19 pandemic continues, employers find themselves facing new challenges. Recognizing that the “new norm” has led to workplace circumstances not previously considered, the U.S. Department of Labor issued new guidance to address several wage and hour and leave-related scenarios employers may face. Highlights from the new guidance include:

Under the Families First Coronavirus Response Act (FFCRA), employees may be entitled to up to two weeks of paid sick leave and up to 12 weeks of expanded family and medical leave, of which 10 weeks are paid to care for a child based on the closure of the child’s school or place of care. When the spread of COVID-19 accelerated in March, most schools and daycares closed, creating problems for many parents who relied on these facilities to care for their children while the parents worked. As the summer months approached, a new question arose: whether parents would be entitled to paid leave under the FFCRA in the event a child’s summer camp, summer enrichment program or other summer activity closed — or never opened — for COVID-19 related reasons. Recent guidance issued by the U.S. Department of Labor (DOL) provides insight in answering this question.

Attempting to further clarify the confusion faced by employers following passage of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) issued its fourth set of Q&As (#60-79) to help with implementation.

The DOL issued its first set of Q&As (#1-15) on March 24, 2020 (read more here), followed closely by its second set (#16-37) and third set (#38-59) on March 26 and March 28, respectively (read more here). The DOL also released a temporary rule issuing regulations applicable to the FFCRA on April 1 (read more here).

This post was updated on April 4, 2020.

The CARES Act tweaks the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act and establishes Federal Pandemic Unemployment Compensation to supplement state unemployment. Employers should take note of these provisions.

President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020. This extensive 880-page stimulus legislation is packed full of a variety of incentives for employers and their workers, which employers will want to consider as they decide how to manage their workforce in the coming days, weeks and even months. One important piece of the legislation is the Paycheck Protection Program discussed here. In this blog, we tackle the portions of the CARES Act that amend the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which take effect on April 1, 2020 and were previously covered  here. We also discuss the enhanced unemployment benefits made available to workers by the CARES Act.

With the new year fast approaching, millions around the world will be gathering to count down the end of 2019 and usher in a new decade. As the ball drops in Times Square, employers should be asking themselves, “Are my exempt employees still subject to the Fair Labor Standards Act (FLSA) exemption?”

Under a new law set to take effect September 29, 2019, Illinois employers will be prohibited from, among other things, asking for an employee’s wage history during the hiring process. The law, which amends the Illinois Equal Pay Act, is designed with the intent of avoiding future pay disparity between men and women based on prior wage differences.

In a unanimous decision, the U.S. Supreme Court held that an employee’s failure to exhaust administrative remedies is not a jurisdictional prerequisite to filing a lawsuit, rather it is a procedural requirement that could be waived by the employer’s failure to timely raise the issue.

In Fort Bend County, Texas v. Davis, --- S.Ct. ---- (U.S. June 3, 2019) the plaintiff, Davis, filed a charge of discrimination alleging sex discrimination and retaliation. While that charge was pending, Davis was told to report to work on a Sunday. When Davis refused due to a prior church commitment, her employment was terminated. Intending to amend her earlier charge, Davis submitted an EEOC Intake Questionnaire on which she handwrote “religion” under “Harms or Actions” and checked the boxes for “discharge” and “reasonable accommodation.” However, Davis made no change to her formal charge of discrimination document to allege discrimination on the basis of her religion.