We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
One of the little discussed provisions of the CARES Act are those added by House Democrats to curry favor with organized labor. The first is that borrowers who obtain loans under the Act must make a good faith certification that they will remain neutral in any union organizing effort for the term of the loan. The effect of this provision is to force neutrality upon borrowers under the CARES Act for the duration of their loans. This means that a borrower commits not to say or do anything to oppose a union’s organizing effort. Borrowers should be aware of this requirement which, in effect, abrogates some of their rights under the National Labor Relations Act.
On December 21, 2017 the Illinois Appellate Court for the Second District determined that an actual injury is required in order to state a cause of action under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.). Rosenbach v. Six Flags Entertainment Corp. 2017 Illinois Appellate (2nd) 170317. In the Rosenbach case, plaintiff filed a class action lawsuit alleging that Six Flags was liable for violation of the Act because it did not obtain her permission to collect a thumb print of her son when he bought a season pass for the Great America theme park. In her complaint, plaintiff did not allege any actual harm or injury.