January 28, 2025 Late Monday, President Trump followed through on his promises to shake up the makeup of the National Labor Relations Board (“NLRB”) by firing General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox. While the change in General Counsel was widely expected, the removal of Board Member Wilcox is an unprecedented move that […]
Posted in: Firm News, Gaetano Urgo, PublicationsBy: Gaetano A. Urgo February 28, 2025 Newly appointed National Labor Relations Board General Counsel William B. Cowen recently rescinded several General Counsel Memos issued by the former General Counsel, Biden-appointee Jennifer Abruzzo. Earlier this month, President Trump appointed Cowen as acting General Counsel. This appointment came two weeks after President Trump terminated then-General Counsel […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 12, 2024 Earlier this week, the National Labor Relations Board overturned yet another precedent that affects how employers can run their businesses. The Board overturned the 2019 ruling in MV Transportation, Inc., 368 NLRB No. 66 (2019), which gave employers greater ability to make unilateral changes to their workplace, so long as their actions were covered […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 11, 2024 Last month, a federal judge struck down the U.S. Department of Labor’s recently enacted overtime rule. The judge found that the rule exceeded the Department’s statutory authority and vacated the rule and remanded it back to the Department for further consideration in light of the judge’s ruling. Overtime Exemption Under the Fair […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 11, 2024 Last month, the National Labor Relations Board issued its decision in Amazon.com Services, LLC, Case 29-CA-280153, and effectuated the General Counsel and Biden Administration’s goal of doing away with captive audience meetings. In doing so, the Board overturned its landmark Babcock & Wilcox decision, a 76-year-old precedent that affirmed employers’ First Amendment […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsDecember 11, 2024 Last month, the National Labor Relations Board issued a decision in Starbucks, Case No.: 19-CA-290905, that changed the standard for determining the legality of employer statements to employees, specifically with regard to changes in the way employees would be able to communicate with their employer if they voted to unionize. In doing […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsOctober 18, 2024 Last summer, the National Labor Relations Board drastically changed the landscape of union organizing campaigns in its landmark decision in Cemex Construction Materials Pacific LLC, 372 NLRB No. 130 (2023). The doctrine that came from this decision, which completely changed the playing field for employers faced with a union organizing campaign, is […]
Posted in: Attorney News, Firm News, Gaetano Urgo, PublicationsEarlier today, the National Labor Relations Board (“NLRB”) issued a decision in Cemex Construction Materials Pacific LLC, 372 NLRB No. 130 (2023) that completely changes the playing field for employers faced with a union organizing campaign. The Democratic majority established a new standard which provides for unionization through signed cards rather than votes and requires […]
Posted in: Attorney News, Firm News, Gaetano UrgoBy Julie A. Noel & Richard A. Russo of Davis & Campbell L.L.C. Earlier this year, the Illinois legislature passed a proposed amendment to the Illinois Constitution that would, if ratified by voters on November 8, 2022, significantly alter the landscape of collective bargaining in Illinois. The so-called “Workers’ Rights Amendment” (“Amendment”) purports to create […]
Posted in: Firm News, Julie A. Noel, Publications, Richard A. RussoIn April of 2022, Mayor Lightfoot and the Commission on Human Rights amended the City’s sexual harassment laws to make them stronger and to uphold zero tolerance of violence and harassment in the workplace. The Chicago Commission on Human Rights has begun enforcing this new ordinance which requires, among other things, that every Chicago employee must receive a dedicated hour of bystander sexual harassment training annually. While New York City had enacted requirements for sexual harassment prevention training, which included bystander training, Chicago’s law differs in that it requires a full, separate hour of bystander training for covered employees. As such, Chicago is the first jurisdiction to require this type of training on its own. Employers have until June 30, 2023, to begin providing this training.
Posted in: Attorney News, Firm News, Gaetano UrgoDepending on class of admission, certain noncitizens may be authorized to work in the United States, pursuant to nonimmigrant visa status. Spouses of L-1A and H-1B visa holders are considered “derivative beneficiaries” and their status runs concurrently to the status of the primary beneficiary spouse. By statute, L-2 spouses are authorized for employment incident to […]
Posted in: Attorney News, Carli L. Smith, Firm NewsOn November 5, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) to protect workers from COVID-19. The ETS covers employers with 100 or more employees and requires covered employers to develop, implement, and enforce a mandatory COVID-19 vaccination policy unless the employer adopts a policy requiring employees to choose either to be vaccinated or undergo […]
Posted in: Attorney News, Firm News, Gaetano UrgoSB1480 Amends Human Rights Act, Equal Pay Act and Business Corporation Act Signed into law on March 23, 2021 Amendment of Human Rights Act Creates new employment offense, discrimination on the basis of criminal conviction, 775 ILCS § 5/2-103.1 Criminal conviction includes felony, misdemeanor or other criminal offense, including sentences of imprisonment, fine, probation, and/or […]
Posted in: Firm NewsThe U.S. District Court for the Northern District of Illinois has ruled that the Supreme Court’s decision in Janus v. AFSCME, Council 31 does not relieve public unions of their obligations to serve as the exclusive representative of public employees. Public unions must continue to represent all employees, union members or not, “fairly, equitably, and […]
Posted in: Attorney News, Christopher J. Jump, Firm NewsOn October 29, 2019, a panel for the Seventh Circuit reversed the lower court’s decision denying Burlington Northern Santa Fe Railway Company’s (“BNSF”) motion for summary judgment holding that the Americans with Disabilities Act (“ADA”) only protects discrimination against current ailments, not ones that may later evolve due to an individual’s weight. Shell v. Burlington […]
Posted in: Firm NewsWorkplace Transparency Act Goes into effect on January 1, 2020. States that any employment agreement that has the purpose of preventing an applicant or employee from making truthful statements about alleged unlawful employment practices (i.e., discrimination and harassment) is against public policy, void to the extent it prevents these statements, and severable from an otherwise […]
Posted in: Firm NewsNicole D. Meyer, Esq. Davis & Campbell, L.L.C. ndmeyer@dcamplaw.com On June 25, 2019, Governor J.B. Pritzker signed legislation making Illinois the 11th state to approve marijuana for recreational use for individuals age 21 and older. Governor Pritzker argues that the Cannabis Regulation and Tax Act (“CRTA”), set to go into effect on January 1, 2020, […]
Posted in: Attorney News, Firm News, Nicole D. Meyer, PublicationsOn May 31, 2018, a federal judge in Chicago refused to dismiss allegations that an employer and its time-keeping equipment supplier violated the Illinois Biometric Information Privacy Act (“BIPA”). In part, BIPA requires private entities in possession of biometric information — including retina or iris scans, fingerprints, voiceprints, or scans of hand or face geometry — […]
Posted in: Attorney News, Firm News, Jay H. SchollOn May 21, 2018, the United States Supreme Court decided Epic Systems Corp. v. Lewis, ruling that companies can draft employment contracts to include arbitration clauses that bar employees from joining together in court and taking legal action concerning workplace issues. For thousands of companies, this decision means they can continue to require arbitration agreements […]
Posted in: Attorney News, Firm News, Nicole D. MeyerRecent changes at the National Labor Relations Board gave employers hope that some Obama-era regulations and rulings would be loosened. However, despite some favorable rulings, the recent decision in Nicholson Terminal & Dock Co. demonstrates it will take time for the Board’s new rulings to roll down to the Administrative Law Judge level. In reviewing […]
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