News & Resources

On May 15, 2023 the EEOC issued a number of updates to its COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” addressing questions about ongoing COVID-19-related ADA issues now that the COVID-19 public health emergency has ended.

DHS/ICE announced that after the COVID-19 pandemic Form I-9 flexibilities sunset on July 31, 2023, employers who conducted remote verifications during the pandemic will have until August 30, 2023 to perform all required physical examination of identity and employment eligibility documents for individuals (1) hired on or after March 20, 2020, and (2) whose identity and work eligibility documents were only examined virtually or remotely.

The Paid Leave for Workers Act (PLFAW) will become effective January 1, 2024, and will apply to all Illinois employers, with very limited exceptions. The law does not apply to school and park district employers, temporary student-employees, and employees defined in the Railroad Unemployment Insurance Act.

During March 2022, the Department of Labor (DOL) released guidance providing specific examples of unlawful retaliation under various laws including the Fair Labor Standards Act (FLSA) the Family and Medical Leave Act (FMLA), the Consumer Credit Protection Act (CCPA), and various visa programs.

After legislation prohibiting forced arbitration provisions in workplace sexual harassment and sexual assault cases went into effect during 2022, on December 7, 2022, President Biden signed the Speak Out Act to force transparency in how employers handle sexual harassment complaints going forward.

Noncompete agreements, common in the debt collection industry, could become unenforceable at the federal level if a proposed Federal Trade Commission (FTC) regulation becomes effective.

The Pregnant Workers Fairness Act (PWFA), passed as part of the 2023 federal spending package, will require employers with 15 or more employees to provide reasonable accommodations for job applicants and employees with limitations related to pregnancy or childbirth. As part of the new spending package, Congress also included the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act) to expand workplace lactation accommodations.

The Fair Labor Standards Act (FLSA) sets overtime rules that appear simple, but failing to determine accurately what is compensable “work” creates liability that can lead to class (collective) action suits.

In 2019, sales floor associate Haley Harris called the Sam’s Club Global Ethics Division about inappropriate sexual comments from her co-workers.