Jennifer Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued a memorandum on May 30, 2023, finding that except in limited special circumstances, non-competition agreements – including the act of merely giving employees non-competition agreements or maintaining existing ones – violate Sections 7 and 8 of the National Labor Relations Act (Act). The
Federal Trade Commission Proposes Rule to Ban Employer Non-Competes
On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that, if finalized, would ban all employer non-compete agreements. As currently written, the proposed rule finds that it is unfair competition for an employer to:
- Enter into or attempt to enter into a non-compete clause with a worker;
- Maintain a non-compete clause
What Does the Illinois Freedom to Work Act Mean for Employers Using Restrictive Covenants?
The Illinois Freedom to Work Act (“Act”) became effective on January 1, 2022. The Act prohibits employers from entering into covenants not to compete and covenants not to solicit with certain types of employees. Specifically, an employer cannot enter into a covenant not to complete with an employee unless that employee’s actual or expected annualized
The Restrictive Covenant Landscape in Illinois Is About to Change
The Illinois House and Senate have agreed on a version of the Illinois Freedom to Work Act, which is waiting for Governor Pritzker to sign into law. The Act puts restrictions on which employees can be subject to covenants not to compete and covenants not to solicit.
Under the Act, an employer cannot enter into
Chicago Prohibits Discipline of Workers for Time Off to Get COVID-19 Vaccine
A new Ordinance in the city of Chicago will prohibit Chicago employers from firing or disciplining workers who leave work to get a COVID-19 vaccine during the workers’ normally scheduled work hours. The Chicago City Council unanimously approved the Ordinance on April 21, 2021, and the Ordinance goes into effect immediately.
Who does this affect?
3 Ways The Pandemic Is Reshaping Commerical Real Estate
Greensfelder’s John Goldstein was recently interviewed by Law360 to discuss how the pandemic has reshaped commercial real estate and created the need for certain technology updates in office buildings.
Read the full article here.
What Is Solicitation? Illinois Court Considers Doctor’s Method and Intent in Targeting Patients by Mail
What constitutes “solicitation” in the context of a non-solicitation provision? A recent decision from the U.S. District Court for Central District of Illinois attempted to shed some light on that question.
In this case, a dermatologist, with no patients, joined the plaintiff’s dermatology practice. After approximately nine years, the dermatologist left the practice to establish
Changes to Employer Reporting and Registration Requirements Under the Illinois Business Corporation Act and Illinois Equal Pay Act
On March 23, 2021, Illinois Gov. J.B. Pritzker signed into law Senate Bill 1480, the Employee Background Fairness Act. This impacts certain Illinois employers because it imposes new reporting and registration requirements concerning employee demographics and pay under the Illinois Business Corporation Act (IBCA) and the Illinois Equal Pay Act (IEPA), and creates new whistleblower
Changes to Illinois Employers’ Use of Criminal Convictions: What You Need to Know
On March 23, 2021, Illinois Gov. J.B. Pritzker signed into law Senate Bill 1480, the Employee Background Fairness Act. This impacts Illinois employers because it imposes new obligations under the Illinois Human Rights Act (IHRA) on the way they can use criminal convictions to assess employment eligibility for applicants and current employees. It also imposes
Yes, employers can generally mandate that employees get the COVID vaccine
Greensfelder’s Scott Cruz wrote an article that was published by the Daily Herald, discussing the circumstances under which employers may implement a mandatory or voluntary COVID-19 vaccine program, as well as what exceptions could conflict with such programs.
Read the full article here.