Category:Employment
Can Personal Posts become Professional Problems?
Social media is an unavoidable part of everyday life, it is how people communicate and document their experiences. However, it is very easy for an informal post to go beyond the intended audience of close family and friends, reaching the general public. This means that one’s persona on social media can be seen by employers as a proxy for their professionalism and personal judgment. While the internet operates as a virtual “Wild West” with little to no rules, federal organizations offer some guidance as to employees’ communication and expression on social media like the National Labor Relations Board (NLRB). Ultimately it is on the employees to understand the risks a social media presence poses and what protections exist.
Are Forum Selection Clauses the New Mandatory Arbitration Agreements?
In recent years, employment contracts have become increasingly laden with procedural clauses that dramatically shape where and how disputes are resolved. While mandatory arbitration agreements that require private dispute resolution remain common, employers are increasingly turning to forum selection and choice of law clauses as an alternative or supplement. The questions are whether these clauses are functionally becoming the new mandatory arbitration agreements, and whether they hide compliance traps that both employers and employees should be paying attention to.
The Family Neonatal Intensive Care Leave Act: A New Step in Illinois Employment Law
Workplace stability is often tested most during medical emergencies. Few events are more disruptive than a familial hospitalization, an event that places an incredible amount of emotional, financial, and logistical stress on individuals. Unfortunately, for many, access to protected work leave depends more on employer discretion rather than enforceable legal protections. Although the Federal Family and Medical Leave Act (FMLA) provides baseline protected leave for certain family and medical needs, its coverage is limited by employer size thresholds and employee eligibility requirements. Thus, as workforce participation has expanded and family structures have evolved, a clear significant gap in statutory protection has become apparent. To fill this gap, Illinois has enacted the Family Neonatal Intensive Care Leave Act (the “Act”), a law designed to expand on the FMLA by providing additional protections for employees.
Wait, am I an Independent Contractor?
Work looks very different for everybody, with remote work, gig economy jobs, such as rideshare drivers or freelance writers, and independent contractors. It can be hard to answer the simple question of “What do you do for work?” Misclassification of your employment status, such as being classified as an independent contractor when you are really an employee, can be detrimental for people, as it can prevent access to benefits and protections. These protections include the right to overtime pay, anti-discrimination policies, and worker’s compensation. In 2020 it was found that 10-30% of employers misclassified their workers. The most misclassified jobs range from construction workers, housekeeping cleaners, and security guards. Typically workers with less formal education are at risk for misclassification. A key solution to the issue of misclassification of workers is education on both the part of the employer and the worker.
Work Related: AI Governance and Regulation in the Employment Law Context
Today, an explosion in Artificial Intelligence (AI) development is taking the U.S. and global economic systems by storm. Companies like Nvidia (the first company to reach an approximately 5 trillion valuation), Microsoft, Alphabet (Google), and Open AI (formerly a non-profit which still cites the common good as a core tenant of its charter) have kicked off what is widely understood to be an AI “Arms Race.” Investors- from venture capitalists to private equity behemoths- continue to pour billions of dollars into AI technology companies and associated ventures. As AI companies move from beta testing to widespread adoption and integration, debates on AI transparency, accountability, and regulation have risen to the forefront. As a result of this monumental shift and ongoing uncertainty, the necessity of properly understanding (and regulating) AI and automation technology is now more pressing than ever before. Further, the need for strong regulatory oversight, a broad regulatory consensus and clear guidance, a baseline code of ethics (at minimum), as well as strong federal and state regulation- has become one of the most important issues of our time.
Regulatory Challenges in the Remote Workplace
The expansion of remote and hybrid work has fundamentally transformed the compliance landscape for organizations. Traditional compliance programs, which were designed for centralized offices and direct supervision, are insufficient in environments where employees and compliance officers are distributed across multiple locations. Remote work creates new risks, including data‑security vulnerabilities, misconduct via digital channels, and gaps in reporting and auditing. Illinois law, including the Right to Privacy in the Workplace Act and the Biometric Information Privacy Act, as well as emerging statutory guidance on remote‑work notifications, presents unique requirements and limitations that employers must navigate to maintain effective compliance.
Love is in the Air – at Work?
When Coldplay unintentionally exposed their CEO’s affair with his co-worker, they reminded employers’ of the stark reality of romantic relationships in the workplace. With little time outside the office to meet people, 60% of adults admitted to having a workplace relationship in 2024. While employers are entitled to have their own policies, workplace relationships open up a world of legal risks, including sexual harassment, hostile work environments, and retaliation claims, all of which are regulated by the Equal Employment Opportunity Commission (EEOC). Implementing comprehensive workplace romance policies – such as those outlined in employee handbooks or formal “love contracts” – can help mitigate potential risks.
Worker Safety Compliance in a Remote Work World
Employee safety is a top priority for all employers. However, as the world continues to embrace remote work, employers must navigate employee safety in a new manner. Both state and federal agencies have adapted regulations to ensure remote workers are entitled to a safe working environment, which means expanded responsibility for employers. Employers now need to maintain safe work environments within the employee’s homes or face the consequences like workers’ compensation penalties and violations of the Occupational Safety and Health Act.
One Size Doesn’t Fit All: OSHA’s PPE Rule For Construction Workers
The construction industry employs workers of diverse shapes and sizes. Despite their diverse sizes, many construction workers have had to make do with Personal Protection Equipment (“PPE”) that fits one standard size. To ensure these construction workers have properly fitting PPE, regardless of their size, the Occupational Safety and Health Administration (“OSHA”) published their final rule mandating that construction employers provide their employees with “properly fitting” PPE.
DEI Under Fire: Corporate Compliance After Trump’s Executive Orders
In January 2025, President Donald Trump issued a series of executive orders aimed at dismantling Diversity, Equity, and Inclusion (DEI) initiatives within the federal government and, by extension, influencing private-sector compliance. These executive actions, presented as a means of restoring merit-based hiring and eliminating what the administration described as “illegal discrimination,” have had profound effects on corporate compliance efforts across industries. While the immediate legal impact has primarily affected federal agencies and contractors, the broader implications have created uncertainty within corporate America, forcing many companies to reassess the scope and structure of their DEI initiatives. This article examines the legal and regulatory ramifications of these executive orders and explores how they have influenced corporate compliance strategies in the evolving landscape of workplace diversity policies.