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.
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
In Van Buren v. United States, the Supreme Court handed down its first major decision construing the Computer Fraud and Abuse Act. In general, the CFAA sets criminal and civil penalties for unauthorized access to a computer. The CFAA identifies two ways of violating the statute, "access without authorization" and "exceed[ing] authorized access".
New EEOC Updated COVID-19 Technical Assistance Says Employers Can Require Employees To Get The COVID-19 Vaccine
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated new technical assistance guidance for employers. Most of the updated guidance centered on addressing questions regarding the COVID-19 vaccine, and is summarized herein.
New Illinois Law Significantly Restricts Ability of Employers to Use Criminal Convictions of Employees in Connection with Employment Decisions
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law new legislation, effective immediately, imposing significant restrictions on the ability of Illinois employers to use criminal Conviction Records of individuals to make employment decisions.
As we finally closed out 2020, the required leave provisions of the Families First Coronavirus Response Act (FFCRA) also came to a close. However, the Department of Labor issued two new FAQ’s on its website (FAQ 104 and 105), clarifying that if an employee has not exhausted their FFCRA leave prior to January 1, 2021, a covered employer may elect to voluntarily extend the employee’s deadline to do so through March 31, 2021.