Right to Unionize Adopted

Illinois will become the first state to ban “right to work” laws after voters approved the ballot measure constitutionally securing the right of workers to unionize and bargain collectively. The Illinois Constitution allows for two methods by which an amendment can be added: be approved with 60% or greater margin, or collect more a simple…

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Business Groups Sue Connecticut

Earlier this month, a number of major business associations – led by the United States Chamber of Commerce – filed a federal lawsuit challenging a ban on captive audience meetings in the Constitution State. A Connecticut law prohibits employers from requiring employee attendance at “captive audience” meetings where the employer shares their opinion on broadly…

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Ballot Questions: Election Post-Mortem

It was an even split on election day for questions on keeping a tipped wage as Portland Maine voters resoundingly rejected a ballot proposal to eliminate the tipped wage and hike the minimum within the city to $18 per hour. Question D, as the initiative was known went down to defeat by a 61-39% margin.…

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Seventh Circuit Limits Light Duty Requirement

A decision rendered in late summer by the United States Court of Appeals for the Seventh Circuit provides important guidance for employers considering limiting the availability of light duty assignments. In EEOC v Wal-Mart Stores, East LP Inc., the court ruled that a light duty policy covering only workers injured on the job was lawful…

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Michigan Minimum and Tipped Wages

It seems the closer the midterm elections get, the more “business-friendly” some elected officials become. Michigan Governor Gretchen Whitmer is a prime and recent example. It seems Governor Whitmer, who has long been a proponent of increasing minimum wages in the Wolverine State, is now urging caution over reinstating a $12 minimum wage. The Michigan…

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Maryland Expands Anti-discrimination Laws

In May, 2022, Maryland Governor Larry Hogan signed legislation that repealed and reenacted certain provisions of Maryland state law relating the anti-discrimination statute. Those provisions all became effective on October 1, 2022. First off, the obligation to provide a reasonable accommodation for an employee’s disability has been expanded to include applicants for employment as well.…

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EEOC Releases New Rights Poster

The Equal Employment Opportunity Commission (EEOC) this week released a new employment law poster that must be posted in a conspicuous spot in the workplace. The new updated “Know Your Rights: Workplace Discrimination is Illegal” poster includes the following notation at the very bottom of the poster: (Revised 10/20/2022). This one that should be used…

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Expiring Form I-9 Remains Valid

This week, we received an advisory from the United States Customs and Immigration Service (USCIS). In it, the USCIS acknowledged that all current iterations of the Employment Eligibility Verification form, Form I-9, (English, Basic and Spanish) contain an expiration date of October 31, 2022 – just two weeks away. Notwithstanding, employers should continue using the…

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Court Strikes EEOC Guidance

A federal judge in Texas has invalidated a non-binding guidance issued unilaterally by Chairwoman Charlotte Burrows of the Equal Employment Opportunity Commission (EEOC) regarding LGBTQ rights in the workplace. The guidance, issued in June 2021, advised that employees must be allowed to use a restroom that corresponds with their gender identity and that regularly using…

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DOL Unveils New Classification Rule

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has unveiled a new proposed rule that would again change the requirements for determining a worker’s classification as an employee versus contractor. The proposed rule, which was published in the Federal Register yesterday, is very similar to one that had been adopted…

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