In April, the Federal Trade Commission issued a rule banning non-compete agreements for most American workers. The rule, which was scheduled to take effect on September 4, 2024, was immediately attacked in court. This week, a federal court enjoined the FTC from enforcing the rule, calling it an unauthorized overreach by the FTC.

The Federal Trade Commission issued a new rule on April 23, 2024, banning non-compete agreements in the United States for most American workers.

The lists recognize the outstanding achievements of attorneys in the state of Illinois.

Golan Christie Taglia celebrates 30 years of service.

15 Golan Christie Taglia attorneys were named to 2023 Illinois Super Lawyers and Rising Stars Lists, five of whom celebrate being selected to the list for the first time.

Margaret “Peggy” Gisch has been recognized among Crain’s 2022 Notable Women in Law reflecting her exceptional professional achievements, dedication to mentorship of her peers and commitment to advancing the legal profession.

Margaret A. Gisch has been selected to Chicago Lawyer’s 2022 Women in Law list for her dedication to legal advocacy and efforts to promote diversity and inclusion in the workplace.

Golan Christie Taglia is thrilled to announce 11 of the firm’s attorneys were named to the 2022 Illinois Super Lawyers and Rising Stars lists.

Golan Christie Taglia is delighted to announce the inclusion of 16 firm attorneys to the 2021 Leading and Emerging Lawyers lists for their outstanding work in a wide range of areas including Closely & Privately Held Business Law, Commercial Litigation, Bankruptcy & Workout Law: Commercial and more.

Golan Christie Taglia is proud to announce the inclusion of nine of its attorneys to the 2021 Illinois Super Lawyers and Rising Stars lists.

The Chicago City Council recently passed the Fair Workweek Ordinance, the most sweeping “predictive scheduling” ordinance in the country. The Fair Workweek Ordinance aims to give hourly workers more predictable schedules and stable paychecks by mandating that employers give workers early notice of their schedules or face financial penalties if they change shifts unexpectedly. Additionally, the Ordinance requires employers needing to fill additional shifts to first offer those hours to covered employees.

Illinois has also passed a new law, which goes into effect on January 1, 2020, aimed at employers who use artificial intelligence during their recruiting process for new hires.

The Social Security Administration (SSA) recently announced that in 2019 it will begin sending form letters to employers who have one or more employees whose names do not “match” the Social Security Number listed in the SSA database. There are many reasons that the name and number might not match, so employers are cautioned not to jump to conclusions based on receipt of one of these letters.

Beginning on January 1, 2019, all Illinois employers are required to reimburse employees for all expenses incurred that are “directly related to the services performed for the employer.” Reimbursable expenses are considered those for which employers have authorized the employees’ expenditure, and do not include expenses incurred due to an employee’s own negligence, normal wear and tear, or theft (unless the result of the employer’s own negligence). Employers may require employees to submit any expenditure with supporting documentation within 30 calendar days in order for the employee to receive reimbursement.

To address gender pay inequality, many states and local governments have passed laws that prohibit employers from asking job candidates about their salary history. As of January 1, 2019, all of the following states will have such a law in effect: California, Connecticut, Delaware, Hawaii, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Puerto Rico, and Vermont. Illinois’ law is still in limbo as of the writing of this article due to Governor Rauner’s veto, which the legislature has vowed to override. Additionally, the following municipalities have similar laws for employers within their jurisdiction: Chicago (applies to City departments only), Louisville, New Orleans (applies to City Departments only), and Kansas City. The purpose of these laws is to stop the perpetuation of pay inequality between men, women, and minorities by ensuring that a person’s salary is based upon their value to their current employer.

Since July 2001, Illinois has required employers with 5 or more employees to make reasonable accommodations for employees who want to express breast milk. This requirement includes providing a private room, other than a bathroom, which is in close proximity to the employee’s work area.

Last year, both the City of Chicago and Cook County enacted mandatory paid sick leave laws, which went into effect on July 1, 2017. The agency responsible for enforcing the law, the Cook County Commission on Human Rights, previously advised employers that it would extend a one-year “grace period” to allow employers time to comply, in good faith, with the new law. During the grace period, enforcement actions were focused on intentional failures to comply, rather than on employers who attempted to comply, but may have failed to appreciate some nuance or unusual aspect. Now that the one-year period is over, all employers located in Cook County have even more reason to review their paid sick leave policies to make extra sure that they are in line with the new requirements.

In 2017, Illinois amended its Human Rights Act to strengthen protections granted to an employee’s sincerely held religious beliefs. The amended statute, known as the Religious Garb Law, prohibits an employer from taking action that would cause an employee to “violate or forgo a sincerely held practice of his or her religion including but not limited to, the wearing of any attire, clothing, or facial hair in accordance with the requirements of his or her religion.” These beliefs could affect an employee’s ability to work on certain days or times, work with certain foods or products, engage in prayer, attend worship services, or observe religious holidays. Additionally, an employee might need to display religious objects or markings, refrain from participation in certain activities at work, and/or wear certain garments.

In a surprising decision, a federal court in Illinois recently determined a frequently used clause in non-compete agreements was overly broad. In Medix Staffing Solutions, Inc. v. Dumrauf, the court found that a clause prohibiting a former employee from taking any position with another company that engaged in the same business as his former employer was overly restrictive. The court found the clause improper because it failed to consider what services the employee actually performed for his former employer or whether his new employer was really a competitor. The court was concerned that the clause could prohibit employment with a company that was not actually a competitor finding it wrongfully prohibited the employee, “from taking any number of more plausible roles at another industry player, no matter how far removed from actual competition with [his former employer].” Rather than judicially modifying the agreement to be more reasonable, the court threw out the entire agreement.

The end of 2017 and beginning of 2018 have brought an unprecedented interest around sexual harassment claims, owing in large part to two social media campaigns aimed at bringing awareness to victims of sexual harassment. While the primary targets of these campaigns have been the entertainment industry and elected officials, it is likely to make its way through other industries soon. As a result, many employers are looking critically at their anti-harassment and internal complaint policies, to determine whether a more robust approach is in order. Renewed interest in sexual harassment training, especially in organizations or industries that continue to be male-dominated, has also been on the rise.

Starting on July 1, 2018, the minimum wage for all employees who work in the City of Chicago (including domestic employees and home health care workers) will be raised to $12 per hour. In suburban Cook County, outside of the City of Chicago, the minimum wage will be raised to $11 per hour, effective as of the same date. The Illinois minimum wage for areas outside of Cook County will remain at $8.25 per hour.

Starting January 1, 2018, private-sector employers in California will be mandated to follow the so-called “ban the box” laws already in place in nine states, and for public-sector employers throughout the country. This law bars employers from requesting criminal conviction histories during the application process and before a conditional offer is made. An employer may run a background check after an offer has been made, and revoke the offer with appropriate evaluation of the conviction and open communication with the candidate about the reason the offer has been revoked. The goal is to provide an equal opportunity for those with a criminal record to be judged solely on their qualifications. Any company with employees or applicants in California should review their job application forms now, to remove any questions about criminal background.

In times when fingerprints and other biometric data are routinely used for menial tasks, e.g., to check text messages and tag friends in social media posts, it is hard to believe the use of biometric material may lead to a lawsuit. In response to growing concerns of identity theft, in 2008, the Illinois General Assembly passed the Biometric Information Privacy Act (“BIPO”). The BIPO restricts businesses’ collection, storage, and disclosure of personal biometric information. Biometric data includes retina and iris scans, fingerprints, voiceprints, handprints, and face geometry. Illinois employers must be hyper-diligent about BIPO compliance, as Illinois is the only state that allows a private cause of action and attorneys’ fees for violations.

In July 2017, the U.S. Occupational Safety and Health Administration (also known as OSHA) issued a press release related to new deadlines for electronic submission of OSHA forms regarding workplace injuries. Generally, employers with twenty or more employees (in certain industries) are required to submit their completed Form 300A for 2016 by December 1, 2017. In 2018, all covered employers must submit their completed Form 300A, 300 and 301 for 2017 by July 1, 2018.

United States Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17, 2017. On Sept. 18, 2017, all employers must use the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.