Law and the Workplace
Photo of Steven J. Pearlman

Steven J. Pearlman

Partner

Steven J. Pearlman is a partner in the Labor & Employment Law Department and co-head of the firm's Whistleblowing & Retaliation Group. Steven’s practice focuses on defending complex employment litigation involving claims of discrimination, harassment and retaliation; wage-and-hour laws; breach of employment contract; and restrictive covenants (e.g., non-competition agreements). Steven is also at the forefront of defending whistleblower retaliation claims, and routinely conducts investigations arising from whistleblower reports. He has successfully tried cases to verdict in Illinois, Florida and California, and defended what is reported to be the largest Illinois-only class action in the history of the U.S. District Court for the Northern District of Illinois. He has also testified in defense of his investigations in federal court.

Subscribe to all posts by Steven J. Pearlman

Supreme Court: “Concrete Injury” Required for Standing in Federal Court

On June 25, 2021, the United States Supreme Court held that class members who could not establish “concrete harm” flowing from alleged statutory violations of Federal Credit Report Act (“FCRA”) lacked Article III standing to seek relief in federal court. (Transunion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021). Factual Background Plaintiff alleged that … Continue Reading

Illinois Legislature Passes Significant Restrictive Covenant Reform Bill

The Illinois Legislature recently passed a bipartisan bill, available here, that seeks to significantly amend the Illinois Freedom to Work Act (820 ILCS § 90) and impose restrictions on the use of non-competition and non-solicitation (employee and customer) restrictive covenants for Illinois employees. The bill is expected to be signed by Governor Pritzker, and would … Continue Reading

Chicago Introduces Wage Theft and Paid Secure Leave Ordinances

On May 26, 2021, Chicago Mayor Lori Lightfoot introduced a series of ordinances (the “Ordinances”) which seek to implement new wage theft protections and provide certain employees with the ability to take paid “secure leave.”  A copy of the Ordinances is available here. First, the Ordinances would amend the Chicago Municipal Code to provide that … Continue Reading

City of Chicago Passes COVID-19 Vaccination Ordinance

On April 21, 2021, the City of Chicago passed an ordinance (the “Ordinance”), here, prohibiting Chicago employers from: (i) retaliating against workers who receive the COVID-19 vaccine during working hours; and (ii) requiring that workers receive the COVID-19 vaccine only during non-working hours. The Ordinance takes effect immediately. The Ordinance applies to all employers who … Continue Reading

Change is on its way: Key developments in Illinois employment law

On May 6, 2021 Proskauer is hosting a complimentary webinar on recent changes in Illinois employment law and best practices to ensure compliance going forward. Please join Proskauer attorneys Steve Pearlman, Dakota Treece and Eddie Young as they focus on a range of topics including the Illinois Equal Pay Act, the Workplace Transparency Act, COVID-19-related … Continue Reading

Illinois Makes Significant Amendments to the Illinois Human Rights Act, Equal Pay Act and Business Corporation Act

On March 23, 2021, Illinois Governor Pritzker signed into law SB1480.  As discussed below, the law makes significant changes to the Illinois Human Rights Act (IHRA), the Illinois Equal Pay Act (IEPA) and the Illinois Business Corporation Act, aimed at curtailing employer use of conviction records, imposing new reporting and registration requirements concerning employee demographics … Continue Reading

Illinois Legislature Seeks to Limit Use of Restrictive Covenants

Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. First, on February 19, 2021, the Illinois House of Representatives introduced House Bill 3066 (accessible here), which seeks to eliminate the use of non-competition and non-solicitation restrictive covenants against Illinois employees unless … Continue Reading

December 31, 2020 Deadline Looms for Illinois Employers to Conduct Sexual Harassment Training

As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual basis thereafter.  Such training must comport with the minimum requirements established by the Illinois Department of Human Rights’ (“IDHR”) model … Continue Reading

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that collects biometric information from its employees to develop, publicly disclose and comply with a data-retention schedule and guidelines for permanent destruction … Continue Reading

UPDATE: Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law. The Ordinance prohibits Chicago employers from retaliating against employees for obeying a public health order requiring an employee to remain at home as a consequence of COVID-19.  This reflects a growing trend among … Continue Reading

Illinois May Soon Require “Essential Employers” to Provide PPE for Workers

The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the “Act”).  The Act would require “essential employers” to provide personal protective equipment (“PPE”) to both employees and independent contractors.  The Act defines an “essential employer” as an employer engaged in an “essential business” as … Continue Reading

Responding to COVID-19: Illinois Specific Considerations For Employers

The State of Illinois has taken strong measures to mitigate the spread of COVID-19. Recognizing the impact of COVID-19 on the State of Illinois, on March 20, 2020, the Governor first issued Executive Order 2020-10 directing Illinois citizens to stay at home. The Governor has since issued Executive Orders 2020-32 and 2020-33 extending most of … Continue Reading

Seventh Circuit Finds Article III Standing for an Illinois BIPA Claim

On May 5, 2020, the Seventh Circuit held that allegations that a defendant violated the Illinois Biometric Information Privacy Act (“BIPA”) by collecting a biometric information without first obtaining informed consent constituted an “injury in fact” sufficient to confer Article III standing.  Bryant v. Compass Group USA, Inc., No. 20-1443.  Prior to this ruling, a … Continue Reading

Illinois Publishes Model Sexual Harassment Prevention Training Program

On April 28, 2020, the Illinois Department of Human Rights (the “IDHR”) published its model sexual harassment prevention training program, a copy of which is available here. As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to train employees on sexual harassment prevention by December 31, 2020, … Continue Reading

Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

On April 22, 2020, Chicago Mayor Lori Lightfoot, with the backing of several Aldermen, introduced the COVID-19 Anti-Retaliation Ordinance (the “Ordinance”), which, if enacted, would prohibit Chicago employers from retaliating against employees for obeying a public health order requiring an employee to remain at home as a consequence of COVID-19.  This reflects a growing trend … Continue Reading

Cost-Saving Alternatives to Layoffs During the COVID-19 Pandemic

Due to the sudden economic turbulence resulting from the COVID-19 pandemic, employers have been exploring ways to temporarily reduce operating costs.  Many employers are seeking alternatives to layoffs.  Such alternatives may include reductions in pay and hours of work, furloughs and shutdowns of operations, and work share programs.  The following identifies the legal and practical … Continue Reading

Michigan Issues Executive Order Implementing COVID-19 Job Leave Protections

On April 3, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which, effectively immediately, prohibits Michigan employers from discharging, disciplining or otherwise retaliating against an employee who misses work for certain specified periods of time because he or she: (i) has tested positive for COVID-19; and/or (ii) is in “close contact” with either an … Continue Reading

COVID-19: Navigating WARN Act Issues During These Uncertain Times

COVID-19: Navigating WARN Act Issues During These Uncertain Times As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the extent layoffs, reductions of hours and closures are under consideration, employers need to be … Continue Reading

U.S. Supreme Court Declines to Resolve Circuit Split On Whether A Layoff Is Temporary Or Permanent Under WARN Act

On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day notice requirement of the Worker Adjustment and Retraining Notification Act (the “WARN Act”). On February … Continue Reading

Substantial Changes Ahead for Illinois Employers in 2020 Relating to Sexual Harassment Training, Mandatory Arbitration Agreements, and More

On August 9, 2019, Governor Pritzker signed into law Public Act 101-0221 (the “Act”), which enhances protections against workplace sexual harassment and discrimination.  The Act creates new laws and amends several existing ones, including the Illinois Human Rights Act (“IHRA”), as summarized below: NEW LAWS The Workplace Transparency Act (“WTA”).  The Workplace Transparency Act will … Continue Reading

Illinois Enacts Workplace Transparency Act

On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law.  The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after January 1, 2020.  Here are the key features with respect to arbitration agreements, employment agreements and separation agreements that Illinois … Continue Reading

Illinois Bans Salary History Inquiries

On July 31, 2019, Illinois Governor J.B. Pritzker signed into law House Bill 834 (the “Bill”), which amends the Illinois Equal Pay Act of 2003 (“IEPA”) to prohibit employers from inquiring into a job applicant’s salary history.  The law becomes effective on September 29, 2019. Prohibition on Salary History Inquiries Illinois’s new ban on salary … Continue Reading

Chicago Enacts Fair Workweek Ordinance

On July 24, 2019, the Chicago City Council passed and Mayor Lightfoot approved a predictive scheduling ordinance known as the Fair Workweek Ordinance (the “Ordinance”). It becomes effective on July 1, 2020. The following summarizes key features of the Ordinance. Covered Employers and Employees. Covered Employers are employers in the building services, healthcare, hotel, manufacturing, … Continue Reading

Illinois Legalizes Recreational Marijuana: Impact on Employers

Illinois will soon become the eleventh state to legalize the recreational use of marijuana.  On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”).  The CRTA, which is set to take effect on January 1, 2020, leaves some open questions for employers, but there are a few … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK