Monthly Archives: February 2021

Happy 12th Blogiversary to Zen & the Art of Legal Networking!

Bear with me as I tell you a short story, of a baby blogger named Lindsay. She was four years into her career in the legal industry, still learning by doing, and didn’t think she had much, if anything, to say. A new social media platform called Twitter had launched in 2006, and she joined two years later, finding it a fun community to engage with other legal professionals around the world. It was also a fantastic way to learn – they shared articles and news and had in-depth conversations around them. Almost like sitting together in a room discussing them, only behind a computer screen.

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California Supreme Court Holds That Employers May Not Round Punch Times in the Meal Period Context

We have previously discussed on this page how rounding practices can be problematic.  Now, in Donohue v. AMN Services, LLC, the California Supreme Court has provided yet another reason for employers in California to review their time rounding practices, as well as their meal period practices.

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ILN Today Post

Recent controversies aside, will the Equality Act impact employers?

On February 25, 2021, the U.S. House of Representatives passed the Equality Act for a second time in recent years. This time, however, with Democrats in control of the Senate and the White House, the bill actually has a meaningful chance of becoming law, in at least some form. Among other things, the Equality Act amends the Civil Rights Act of 1964 to expressly prohibit discrimination based on sexual orientation and gender identity. As it relates to employers, the proposed law would establish sexual orientation and gender identity as protected employee and prospective employee classes under Title VII (the section of the Civil Rights Act addressing employment discrimination and retaliation), which already covers race, national origin, gender and several other protected classes. Read more…

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Will New York Enact a Statute Limiting Non-Compete Agreements for Lower-Salary Employees?

A recent report issued by the Trade Secrets Committee of the New York City Bar recommends that New York State’s legislature adopt statutory guidelines governing the use of non-compete agreements for lower-salary employees.

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ILN Today Post

Impact of SBA PPP loans on loan covenants

Loan agreements typically contain three types of covenants:

1. Negative loan covenants – Borrower may not . . .

2. Affirmative loan covenants – Borrower promises to . . .

3. Financial loan covenants – Financial metrics tied to a borrower’s revenue, expenses, and debt

Loan agreements usually provide that the occurrence of a breach of a covenant constitutes an event of default, triggering a lender’s right to exercise remedies, increase interest rates, accelerate the due date of payments, and take other actions. Read more…

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ILN Today Post

Howard & Howard Congratulates Our Thirteen Attorneys Named to Illinois Super Lawyers and Illinois Rising Stars 2021

ROYAL OAK, Mich., February 25, 2021 – Royal Oak, Mich.-based Howard & Howard is pleased to announce that thirteen of our attorneys have been named to Illinois Super Lawyers® and Illinois Rising Stars 2021. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. Only five percent of the attorneys in Illinois were named to the Super Lawyers list and two and a half percent to Rising Stars.

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ILN Today Post

CHANGES TO THEATRE LICENSING 2021

The Theatres Act 1968 was repealed on the 27 January 2021. The Act, which provided a mandatory licensing regime for premises used for the public performance of plays, has not been replaced with new legislation. Rather, due to an amendment of the Civic Government (Scotland) Act 1982, a local authority can chose to license theatres under its public entertainment licensing regime – theatres were previously excluded as a place of public entertainment within the 1982 Act. Read more…

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ILN Today Post

OSHA’s role to expand in combating the COVID-19 pandemic

Until just recently, the Occupational Safety and Health Administration (OSHA), the federal agency responsible for keeping employees safe at work, has played a very limited role in doing so during the COVID-19 pandemic. That is about to change, however, with President Joe Biden’s issuance of an executive order on January 21, 2021, which calls the agency to action in protecting American workplaces. Read more…

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EEOC Withdraws Proposed Wellness Incentive Rules — Increasing Employer COVID-19 Vaccination Incentive Uncertainties

We previously discussed the EEOC’s proposed new wellness program incentive rules under the ADA and GINA in our post, How Big Can the Carrot Be?  The proposed rules were to replace the EEOC’s previous “health-contingent” wellness program regulations, which had been struck down by the U.S. District Court for the District of Columbia because they allegedly permitted large incentives that the court found were essentially coercive and thus in violation of the ADA and GINA proscriptions permitting only voluntary disclosures of disability or genetic-related information (absent a business necessity).  The proposed regulations were issued pursuant to a 3-2 EEOC Commissioner’s vote shortly before the end of the Trump Administration, but had not been published in the Federal Register let alone completed the adoption process.  Now as part of the Biden Administration’s regulatory freeze, the EEOC has withdrawn them.

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Video & Podcast: Wage and Hour Enforcement Under President Biden – Employment Law This Week

As featured in #WorkforceWednesdayThis week on our special podcast series, Employers and the New Administration, we look at how the Biden administration’s approach to wage and hour issues will impact employers. Special podcast episodes air every other #WorkforceWednesday.

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