On January 17, 2024, New York Governor Kathy Hochul released her proposed Executive Budget for fiscal year 2025. The budget includes proposed legislation that would amend the New York Labor Law to confirm that liquidated damages are not available as a remedy for a violation of Labor Law § 191(1)(a)(1), which requires—absent a waiver
Class/Collective Action
Ill. Supreme Court: All BIPA Claims Have a Five-Year Statute of Limitations
On February 2, 2023, the Illinois Supreme Court reversed in part the decision of an Illinois Appellate Court and held that all claims brought pursuant to Section 15 of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq., are subject to a five-year statute of limitations period. Tims v. Black Horse …
UPDATED: President Biden Signs Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims
***UPDATE: President Biden signed the bill into law on March 3, 2022. The law takes effect immediately.***
Today, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97.…
7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses
On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants who alleged that hiring exams used by the Cook County Department of Corrections (“DOC”) resulted in a disparate impact on…
Do We Have to Pay for That? Part 1—COVID-19 Vaccination, Testing, and Screening Activities (Updated Jan. 13, 2022)
In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but as with all wage and hour issues, applicable state and local laws must be considered as…
Illinois Appellate Court Addresses Statute of Limitations Period for BIPA Claims
On September 17, 2021, an Illinois Appellate Court addressed the appropriate statute of limitations period for claims brought pursuant to the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”), 740 ILCS § 14/1, et seq., holding that (1) claims asserted under sections 15(c) and (d) of the Act are subject to a one-year statute…