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In the on-again-off-again legal environment surrounding the OSHA vaccine mandate, on Friday, December 17, 2021 the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay of OSHA vaccine mandate and reinstated the Emergency Temporary Standard (ETS). The ETS, which requires employers with 100 or more employees to implement and enforce a mandatory vaccine policy…
Read MoreOn November 17, 2021, OSHA announced that, given the decision of the Fifth Circuit, it is suspending enforcement of its COVID vaccine mandate: On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86…
Read More“IT IS ORDERED that OSHA take no steps to implement or enforce the [vaccine] Mandate until further court order.” In a decision highly critical of OSHA’s November 5, 2021 Emergency Temporary Standard (“ETS”), which mandates that all employers with 100 or more employees “develop, implement and enforce a mandatory COVID-19 vaccine policy,” on November 12,…
Read MoreThis morning the Occupational Safety and Health Administration announced the issuance of its much anticipated, highly controversial COVID vaccine mandate. The Emergency Temporary Standard, to be published in tomorrow’s Federal Register, becomes effective on publication. Employers are required to comply with its requirements within 30 days, except for the mandatory vaccines, which must be completed…
Read MoreIllinois employers often believe that if an employee quits, that employee is not eligible for unemployment insurance benefits. While this is generally true, many legal issues can arise that may muddy the waters. Let us look at the unemployment insurance law in Illinois with regard to voluntary leaving. Under Section 601 of the Illinois Unemployment…
Read MoreOn August 13, 2021, Governor J.B. Pritzker signed into law major amendments to the Illinois Freedom to Work Act which will become effective January 1, 2022. What is covered: Employment agreements with non-compete and non-solicitation covenants signed after January 1, 2022. New Salary Requirements: Prohibits non-competes with employees earning less than $75,000 per year. Prohibits…
Read MoreThe newly appointed General Counsel, Jennifer Abruzzo, of the National Labor Relations Board has just given the business community a road map of her pro-union agenda. Ms. Abruzzo comes to the key General Counsel position after serving as an attorney for the Communication Workers of America. On August 12, 2021, Ms. Abruzzo issued a memorandum…
Read MoreIllinois employers must carefully review their sick leave policies to ensure compliance under both state and federal laws.
Read MoreWhen firing an employee and the firing is for misconduct, it is extremely important to think through how you are going to prove the employee’s misconduct. Strategic planning prior to firing the employee is crucial. If you think through these issues thoroughly, your batting average at winning IDES misconduct Hearings will go up dramatically.
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