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  • Article

    Seventh Circuit Rules BIPA Liability-Limiting Amendment Applies Retroactively

    As noted in our previous alert, the Seventh Circuit Court of Appeals was set to decide whether the 2024 amendment to the Illinois Biometric Information Privacy Act...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    State Of Employment Law: Maine, New Jersey Require Severance Pay For Facility Closures And Mass Layoffs

    I previously wrote about how 13 states have their own mini-WARN Acts that require employers to provide advance notification to employees who will be impacted by a facility closure or mass layoff.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Supreme Court Issues Long-Awaited Decision In Christopher v. SmithKline Beecham Corp

    The U.S. Supreme Court has issued a long-awaited decision in Christopher v. SmithKline Beecham Corp.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The Rapid Expansion Of Mini-WARN Acts: New Legislation Proposes Federal Alignment

    The year 2025 marked significant growth in the adoption of "mini-WARN" acts — state statutes that expand upon the federal Worker Adjustment and Retraining Notification Act (WARN act).
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: 13 States Have Pay Transparency Laws

    As of July 31, 2025, Massachusetts will enforce a new pay transparency law, and New Jersey's pay transparency law went into effect on June 1, 2025...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: Ban The Box Laws Vary At The State And Local Levels

    At one time, it was common for job applications to ask applicants if they had ever been convicted of a crime. Some went further and affirmatively stated that individuals with felony convictions need not apply.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: Illinois Provides The Strongest Criminal Conviction Protections In The Country

    Many states have some protections in place for employees and applicants with criminal convictions, ranging from ban-the-box laws that prohibit inquiries into criminal records until the interview stage...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: NICU Leave Is An Emerging Trend

    Having a sick newborn in intensive care is a terrifying experience. However, states historically granted no special leave for parents who were experiencing such an ordeal.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: Seven States Give Employees The Right To Sit Down

    For people who sit at a desk all day, the right to sit down at work may be taken for granted. However, for many jobs that involve frequent standing or moving around, sitting down can be seen as a luxury.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: Several States Protect Employees' Lawful Off-Duty Activities

    Employers have cited several reasons why they might wish to prohibit certain employee off-duty activities. Some employers seek to prohibit off-duty use of tobacco...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    The State Of Employment Law: States Are Passing Their Own Disparate Impact Laws

    Disparate impact discrimination claims relate to facially neutral policies or actions that cause disproportionate harm to a certain protected class. While federal law prohibits disparate impact discrimination, recent developments create doubt about whether such laws will continue to be enforced.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Union Election Petitions And Labor Charges Continue Their Meteoric Rise

    Since the end of 2021, we've seen a historic explosion in union election petitions and unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB).
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Unread And Unenforceable: Ninth Circuit Says Unopened Arbitration Emails Don’t Seal The Deal

    The Ninth Circuit has ruled that simply sending arbitration agreement emails to employees is insufficient to establish mutual assent under California law. In Rickes v. Thermo Fisher Scientific, the court found that employers must demonstrate affirmative employee engagement—such as clicking through acknowledgments or checking boxes—rather than relying on passive opt-out frameworks and unopened emails to enforce arbitration agreements.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    U.S. Department Of Justice Continues Enforcement Of Accessibility Requirements For Websites And Mobile Apps – But Its Rulemaking Still Awaits

    On Nov. 17, the U.S. Department of Justice (DOJ) announced that it had entered into a settlement agreement with Ahold U.S.A., Inc...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    U.S. Department Of Justice Further Delays ADA Title III Rulemaking On Website Accessibility

    Notwithstanding this further delay of DOJ's title III web accessibility NRPM, the agency continues to enforce requirements for web site accessibility on entities subject to title III, as well as those subject to title II.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    U.S. Supreme Court Permits Waivers Of Class Action Rights In Arbitration Agreements

    A new U.S. Supreme Court decision holding that individuals can waive the right to be members of class actions in arbitration agreements has the potential to dramatically change the balance of power in large scale employment litigation.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Walking To Lunch On Break? DOL Says That May Be The Employee’s Time, Not The Company’s

    Last week, the Department of Labor's Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-11, addressing a question many employers with large or sprawling worksites have faced: does mandatory walk time to a designated break area turn an unpaid meal period into compensable work time? The short answer is no — so long as the remaining break time is still long enough for employees to eat a regular meal.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    ‘Absurd Results': NLRB Takes ‘Facebook Discipline Cases' To New Heights (Or New Lows, Depending On Your Point Of View)

    In a July 27 opinion that National Labor Relations Board (NLRB) Chairman Philip Miscimarra characterized as "absurd," a majority of NLRB members overturned an employee's discharge...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Illinois Unlocks $30 Million For Solar Investment

    The Illinois General Assembly passed House Bill 2427, which unlocks $30 million in existing state funds for investment in new renewable generation.
    United StatesEnergy and Natural Resources
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Changes Proposed For The 2011 Toxic Substances Control Act Inventory Update Reporting

    2011 is a reporting year pursuant to the Toxic Substance Control Act (TSCA) Inventory Update Reporting (IUR) rule.
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
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