Labor & Employment Law Update

Latest from Labor & Employment Law Update - Page 4

Illinois recently enacted amendments to the Illinois Right to Privacy in the Workplace Act (“IRPWA”).  The amendments became effective on December 12, 2025, immediately upon the governor’s signature.
Continue Reading Amendments to Illinois Right to Privacy in the Workplace Act: Immediate
Obligations for Employers Receiving “No-Match” Letters

On December 18, 2025, the U.S. Senate approved President Trump’s nominees, James Murphy and Scott Mayer, to serve as members on the National Labor Relations Board (Board). With the additions of Murphy and Mayer, the Board regains a quorum and can now officially act and adjudicate unfair labor practice charges and representational cases under the National Labor Relations Act (NLRA). 
Continue Reading NLRB Regains a Quorum and New General Counsel takes the Reins

As OSHA inspections continue to take place throughout the U.S., employers across industries need to be prepared to respond. An inspector’s arrival onsite can be disruptive and stressful, particularly if supervisors and frontline staff are unsure of what to do or say in the moment.

Having a clear, actionable plan in place helps employers maintain control of the process, assert their rights when necessary, and avoid unnecessary missteps that could increase risk or exposure.

The steps outlined below are
Continue Reading OSHA Inspection Checklist: A Step-by-Step Guide for Employers When an Inspector Arrives

The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and workers’ compensation come with complex obligations for employers and HR professionals. Join Heather Bailey for an informative webcast on understanding the requirements and interactions of FMLA, ADA, and workers’ compensation in the U.S. workplace.
Continue Reading Breakfast Briefing Series: Staying Afloat in the 'Bermuda Triangle':
Insights on FMLA, ADA, and Workers' Compensation

W-2s and 1099s will not have new fields this year, but the IRS has now provided guidance on how employees can still claim tax deductions for tips and overtime pay.

This is our fourth update on the evolving tips and overtime tax deductions under the One Big Beautiful Bill Act (OBBBA). We’ve previously covered the overall impact on your compensation strategy, the proposed rules on qualified tips, and the initial transition relief on reporting requirements.

As


Continue Reading IRS Announces 2025 Documentation Workarounds for Tips and OvertimeDeductions (Notice 2025-69)

A strong workers’ compensation defense strategy begins long before a claim is filed. After all, an unexpected claim can costly regardless of industry. Strategic and proactive measures to prevent accidents coupled with an understanding of how to manage the claims that do arise are indispensable tools for businesses.

In a recent webcast, two of our workers’ compensation attorneys shared their insights and best practices to help employers confidently manage claims and achieve favorable outcomes.
Key takeaways from this presentation


Continue Reading Key Takeaways – Prevention to Resolution: Managing Workers’ Compensation Claims With the End in Mind

Several changes impacting employers in jurisdictions across the nation on the federal and state level are summarized below in our latest blog post.
Federal Law Updates
New Updates on the H-1B Visa

  • U.S. Citizenship and Immigration Services (USCIS) recently issued new guidance on the new $100,000 H-1B Visa application fee. The $ 100,000 application fee applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on Sept. 21, 2025.

On Sept. 19, 2025, President Trump
Continue Reading Federal and State Employment Law Update

The U.S. Equal Employment Opportunity Commission (EEOC), the agency charged with the administration of federal workplace laws, including Title VII of the Civil Rights Act, recently regained a voting quorum. As a result, the agency can now enact sweeping policy changes in line with President Trump’s second term agenda. Employers can expect increased scrutiny of DEI practices and an increase in charges surrounding religious accommodations.
Background: The EEOC Regains a Voting Quorum
Shortly after he took office in January,
Continue Reading EEOC Regains Quorum: What Employers Can Expect

Illinois Amends the Prevailing Wage Act (Again) to Delay Implementation of Full Fringe Benefit Mandate for Apprentices Until July 1, 2026

The Illinois legislature recently passed House Bill 1437 (H.B. 1437), which delays implementation of the fringe benefit payment mandates for apprentices on projects subject to the Illinois Prevailing Wage Act (“IPWA”).

As some may recall, Governor Pritzker signed House Bill 2488 (H.B. 2488) into law effective June 30, 2025. H.B. 2488 requires the payment of “full journeyman annualized


Continue Reading Illinois Amends the Prevailing Wage Act (Again) to Delay Implementation of Full Fringe Benefit Mandate for Apprentices Until July 1, 2026

The clock is ticking on 2025 payroll reporting, but the IRS just threw employers a lifeline.

If your organization has been struggling to understand how to implement the new tips and overtime reporting requirements from the One Big Beautiful Bill Act (OBBB), you can breathe a temporary sigh of relief. The IRS has issued Notice 2025-62, providing penalty relief for the 2025 tax year while employers adapt to the tax reporting changes.
What Changed With the OBBB
When


Continue Reading IRS Provides Critical Transition Relief for New Tips and Overtime Reporting Requirements: What HR Needs to Know Now

Although the Federal Trade Commission (FTC) has vacated its rule banning noncompete agreements nationwide, the FTC continues to scrutinize such agreements and is focusing on the health care setting.

Indeed, in September FTC Chairman Andrew N. Ferguson sent letters to several large health care employers and staffing firms urging them to conduct a comprehensive review of their employment agreements—including any noncompetes or other restrictive agreements—to ensure they are appropriately tailored and comply with the law.

According to the FTC
Continue Reading Health Care Noncompete Agreements: The FTC Is Watching

On August 15, 2025, Governor Pritzker signed House Bill 3638 (H.B. 3638) into law, which amends the Illinois Workplace Transparency Act (the “Act”) to provide current, former, and prospective employees with greater rights and protections when executing employment agreements with an employer. The amendments under H.B. 3638 take effect on January 1, 2026, and apply to employment contracts entered into, modified, or extended on or after January 1, 2026, except for collective bargaining agreements. Accordingly, employers need to carefully
Continue Reading Illinois Employers, It’s Time to Review and Revise Your Employment Agreements

Read Part 1: AI in Employment-Related Decisions Part 1: Big Tech and Federal Power

Across the country, state lawmakers are recalibrating their approaches to regulating the use of AI in employment decisions. This is in direct response to pressure from the technology industry and the Trump administration.

California initially considered broad mandates on AI use in hiring that would have imposed strict notice and impact assessment requirements on employers. Following pushback from industry groups and concerns about federal overreach,


Continue Reading AI in Employment-Related Decisions, Part 2: State Strategies to Address Pressure and What It Means for Employers

State lawmakers across the country have been busy this year trying to curb the most consequential uses of AI in employment-related decisions. As those attempts moved from idea to legislation, two powerful forces have pushed back.

The tech industry is concerned about a patchwork of state rules, and the Trump administration has prioritized removing barriers to AI use. States are reacting by shifting their strategies to narrow, revise, and/or delay legislation. Employers would be wise to stay abreast of
Continue Reading AI in Employment-Related Decisions Part 1: Big Tech and Federal Power

On September 19, 2025, the U.S. Department of Labor (DOL) announced the launch of Project Firewall, described as “an H-1B enforcement initiative that will safeguard the rights, wages, and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and holding employers accountable if they abuse the H-1B visa process.”
Compliance and Penalties Under Project Firewall
Through Project Firewall, where there is reasonable cause that an H-1B employer is not in compliance, the
Continue Reading Project Firewall Targets H-1B Employers: Best Practices for Compliance

On August 19, 2025, the Fifth Circuit Court of Appeals upheld injunctions barring the National Labor Relations Board (NLRB) from prosecuting unfair labor practices (ULP)/charges against three employers, including Space X. This decision stems from the constitutional challenges to the way the NLRB is structured and raises broader questions about the current structure of the NLRB.

The recent appellate decision can be traced back to June 2024, when the U.S. Supreme Court issued its landmark decision in SEC v.


Continue Reading Will SEC v. Jarkesy Reshape How the NLRB Operates? Fifth Circuit Bars NLRB from Prosecuting Unfair Labor Practices: Implications for Employers