Latest from Law and the Workplace
EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace
Key Takeaways Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to perform the essential functions of the role may be permissible. Employers have a duty to provide accommodations for job applicants and … Continue Reading
Delaware Chancery Court Invalidates Forfeiture-for-Competition Provision in Partnership Agreement
On January 4, 2023, in Ainslie, et al. v. Cantor Fitzgerald, L.P., the Delaware Court of Chancery invalidated the forfeiture-for-competition provision in the financial services company’s limited partnership agreement, based on the court’s determination that the agreement’s non-competition provision was unenforceable. (CA. No. 9436-VCZ (Del. Ch. Jan. 4, 2023). As a result, the court determined … Continue Reading
Illinois Legislature Passes Paid Leave For All Workers Act
On January 10, 2023, Illinois legislature passed the Paid Leave For All Workers Act (the “Act”), which requires Illinois employers to provide at least 40 hours of paid leave per year to be used for any reason. Governor Pritzker announced that he will sign the Act into law, making it effective on January 1, 2024. … Continue Reading
AI-Based Discrimination Top of the EEOC’s Draft Enforcement Plan
The Equal Employment Opportunity Commission (“EEOC”) has started 2023 with an announcement that it intends to increase enforcement efforts aimed at discrimination resulting from the use of Artificial Intelligence assisted employment related decision tools. On January 10, 2023, the EEOC published its Draft Strategic Enforcement Plan (“SEP”) in the Federal Register for the fiscal years … Continue Reading
2022 Labor & Employment Year in Review … and Looking Ahead to 2023
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into 2023. Salary and Pay Transparency The trend of enacting salary and pay … Continue Reading
Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination of the FTC’s recent efforts, following President Biden’s July 9, 2021 Executive Order on promoting competition in the economy, … Continue Reading
