We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
Almost two decades ago, Illinois passed the Victims’ Economic Security and Safety Act (“VESSA”). The original version of VESSA required employers to, among other things, provide employees unpaid leave if the employees were victims of domestic, sexual or gender violence.
On May 31, 2021 the Illinois General Assembly passed a groundbreaking bill significantly limiting the use of non-compete and non-solicitation agreements by Illinois employers, to go into effect January 1, 2022. Subject to certain exceptions, the new law applies to all private Illinois employers with Illinois employees.
The United States Supreme Court issued four pertinent decisions during the 2020-2021 year related to labor and employment law. In one decision, the Court offered guidance regarding the clarity of arbitration agreements and the issue of an arbitrator’s authority to decide whether employer-employee disputes are subject to mandatory arbitration. Following the 5th Circuit’s ruling that the Affordable Care Act’s individual mandate setting the penalty for not buying health insurance to zero was unconstitutional, the Supreme Court in the second decision determined the individual and state plaintiffs nevertheless lacked standing to challenge the mandate given they had no fairly traceable injury to the unlawful conduct.