Effective Saturday March 21 at 5:00 PM until the end of April 7, 2020, all Illinois residents are subject to a stay at home order from the Governor of Illinois. Governor Pritzker announced these measures at a 3:00 press conference today, March 20, 2020, at which he stated “I fully recognize I am choosing between
This week Miami-Dade County Mayor Carlos Gimenez closed all parks, beaches, recreation facilities, and non-essential retail commercial establishments. This is a significant step for the seventh most populous county in the United States. Emergency Order 06-20 (issued March 18) closed all publicly- and privately-owned “parks, beaches, and recreational facilities in the incorporated and unincorporated areas…
On March 18, 2020, Oak Park, Illinois — one of the closest suburbs to Chicago with a population of approximately 60,000 — issued a “Shelter in Place” order (the “Order”) for all Oak Park citizens and businesses in response to the COVID-19 pandemic. This Order comes after a resident was found to have contracted the virus in the western part of the town earlier in the day. The full text of the Order may be found here.
The Order requires all residents to “shelter at their place of residence” from March 20 through and including April 3, although the Order may be rescinded before April 3 or extended beyond April 3. Crucially, all non-essential businesses “[a]re required to cease all activities at facilities located within [Oak Park]” except for the performance of duties necessary for maintaining the value of a business’s inventory, ensuring business security, processing payroll, and attending to employee benefit matters (referred to as “Minimum Basic Operations” in the Order). The Order also imposes broad restrictions on travel. All travel is prohibited unless deemed: (1) “Essential Travel”; or (2) necessary (a) to perform work for an “Essential Business”; or (b) to perform an “Essential Activity.”
There are several important carve-outs in this Order.
First, businesses may continue operations consisting exclusively of employees or contractors performing activities at their own residences. In other words, employees may still work from home even if the employer is not an “Essential Business” (as defined below) and must close its physical office or retail space located within Oak Park. And non-essential businesses may still engage in Minimum Basic Operations as defined above.
The 2020 presidential race is well underway in the U.S. Labor policy has been and will continue to be a key talking point for Democratic candidates and President Donald Trump moving into the general election.
In part one of this two-part article, we examine the key labor policy proposals advanced by the leading Democratic contenders…
Going into 2020, employers should be mindful of several new state laws aimed at limiting the enforceability of noncompete agreements against low-wage employees. Crucially, while protecting low-wage worker job mobility is the key aspect of these new state laws, each has its own unique nuances and one-off requirements, further complicating employer efforts to protect their…
Companies can be more confident that liability under the National Labor Relations Act will not flow from the misclassification of its workforce alone, thanks to a recent NLRB decision. Baker McKenzie attorneys call this welcome news for companies, but say they still must look at workforce relationships and properly classify independent contractors.
In a much…
This article was originally published on Law360.com
Developed countries across the globe are increasingly adopting and augmenting paid family leave laws, seeing such laws as a “win-win” for both employers and employees. For employees, paid family leave laws allow new parents to bond with and care for their children in the stressful and crucial initial…
Historically employers could not restrict labor organizing activity in employer-owned, publicly accessible spaces. But, last month, in UPMC Presbyterian Hospital, 368 N.L.R.B. No. 2 (2019), the NLRB reversed nearly 40 years of precedent holding that employers violate the National Labor Relations Act (NLRA) if they prohibit nonemployee labor organizers from publicly-accessible spaces.
Post UPMC, employers may adopt and implement neutral policies regulating the use of employer-owned spaces open to the public (such as cafeterias) and may lawfully apply those policies to exclude nonemployee union organizers. Employers with spaces open to the public should consider whether to adopt and enforce a content neutral (nondiscriminatory) bar to nonemployee solicitation or distribution in the publicly accessible spaces on their property.
California is known as one of the most progressive, pro-employee states in the country. But if the last several months are any indication, Illinois is quickly catching up.
Here’s a quick overview of what’s happening in the prairie state:
Illinois Wage Payment and Collection Act
What’s New? As of January 1, 2019, employers must reimburse employees for all “necessary” expenses. So what’s a necessary expense? Anything required of the employee in the discharge of his/her employment duties that “inure to the primary benefit of the employer.” Computers, cell phones, uniforms, etc. may all constitute “necessary” expenses that the employer is required to reimburse.
Takeaway: Employers should review their policies, job descriptions, and third party contracts to determine which positions/roles may result in necessary expenditures.