Illinois has enacted amendments to the Child Bereavement Leave Act, expanding the law’s scope and renaming it the “Family Bereavement Leave Act” (FBLA). The amendments are effective January 1, 2023, and the two major purposes are to: (1) expand the definition of family members covered by FBLA; and (2) include fertility-related losses in the acceptable reasons an employee may use leave under the FBLA.
Illinois had amended its “One Day Rest in Seven” Act (ODRISA) to impose additional meal period, day of rest, and notice requirements on employers, and to significantly increase the potential civil penalties for violations of the Act (see our article, Illinois Amends ‘One Day Rest in Seven’ Law, With Significant Revisions). A companion bill to these amendments, signed by Governor J.B. Pritzker on May 27, 2022, adds to the list of employees exempt from the law’s day-of-rest requirements those “for whom work hours, days of work, and rest periods are established through the collective bargaining process.”
On May 27, 2022, the Circuit Court of Cook County found Illinois’ 6% prejudgment interest statute unconstitutional as a violation of the right of trial by jury and the prohibition against special legislation. This decision has important implications for personal injury and wrongful death litigation in Illinois, as it invalidates a far-reaching and potentially onerous imposition of prejudgment interest broadly applicable to such cases.
Governor J.B. Pritzker signed into law Senate Bill 3146, amending the Illinois “One Day Rest in Seven” Act (ODRISA), on May 13, 2022. Those amendments add additional meal period, day of rest, and notice requirements to, and significantly increase the potential civil penalties for violations of, the Act. The amendments to ODRISA become effective on January 1, 2023.
Illinois Governor J.B. Pritzker has signed into law an amendment to the Illinois Equal Pay Act (IEPA) requiring companies with 100 or more employees in Illinois to obtain an equal pay registration certificate from the Illinois Department of Labor (IDOL).
The Chicago City Council has created new employer obligations to provide training to employees and supervisors on sexual harassment prevention and how bystanders should respond to sexual harassment.
On May 12, the U.S. Department of Justice announced a $2,804,110 settlement with Hensel Phelps Construction Company to resolve allegations that it violated the False Claims Act (FCA) by circumventing federal regulations designed to encourage contract awards to service-disabled veteran owned small businesses (SDVOSBs). According to the settlement, Hensel Phelps, a general contractor that performs public and private construction projects, improperly claimed credit toward its small business subcontracting goals for subcontracts it awarded to an SDVOSB that it should have known was acting as a mere “pass-through” for a large business that was actually performing the work.
On February 3, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (WCA) do not preempt employees’ claims for statutory damages under the Illinois Biometric Information Privacy Act (BIPA).
On February 3, 2022, the Illinois Supreme Court held in the case of McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (the “Compensation Act”) do not preempt a claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”). The Court found that damages to an individual’s right to privacy as a result of a BIPA violation are not the type of compensable injuries capable of redress under the Compensation Act. This decision, while bootstrapping an employer’s protections from claims for severe physical and psychological injuries sustained in the workplace, leaves employers exposed to tremendous liability for technical BIPA violations even without a showing of actual damages.
The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding legal protections for workers and labor unions, the General Counsel’s office of the NLRB issued Memorandum OM 22-09, reiterating NLRB policy on workers’ rights to access the NLRB collective bargaining and remedial procedures regardless of immigration status, without fear of reprisals from their employers or the federal government.
Effective January 1, 2023, Washington employers with at least 15 employees must affirmatively disclose the wage scale or salary range and a general description of all benefits and other compensation being offered when posting job openings, regardless of whether such information is requested by the applicant.
While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards that would ban or protect the medical procedure.
As volatility in the cryptocurrency market has increased, regulators in the United States and around the world have indicated a willingness to impose tougher compliance requirements related to crypto assets. As a result, there is an increasing likelihood that companies that hold or deal in crypto assets may be subject to additional regulations in the coming years.
Manufacturers in the U.S. should take note of a new request for comment from the United States Trade Representative as a lack of support may lead to removal of the tariffs and surge in unfairly priced imports.
On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. Securities and Exchange Comm’n, in which it examined the constitutionality of an agency civil money penalty enforcement proceeding.
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