WHO WE ARE ATTORNEYS PRACTICE AREAS NEWS & INSIGHTS NEWS & INSIGHTS INSIGHTS OVERVIEW Insights: Read the latest thinking News & Events: See where DMG is going Insights: Read the latest thinking UPDATE ON ILLINOIS NONCOMPETE AND NONSOLICITATION LAWS Illinois companies may need to re-work existing noncompete and nonsolication agreements they are giving to new hires and cannot require certain existing employees to execute these agreements. LEGAL CONSIDERATIONS UPON REOPENING BUSINESS The Americans with Disabilities Act (“ADA”) requires employers that obtain medical information through inquiry or examination to maintain this medical information in confidential medical files, separate from employee personnel files. Providing that employers continue to maintain the confidentiality of medical information; employers are allowed to make certain inquiries and requirements of employees with respect to COVID-19. EMPLOYER DOS AND DON’TS - GETTING EMPLOYEES BACK TO WORK DURING THE PANDEMIC Employers that provide a safe work environment are more likely to have their employees return to work during the pandemic and less likely encounter problems once they do. Clear communication with employees can reduce absenteeism, promote safety and efficiency, and protect both employers and employees. Below are some Dos and Don’ts for returning employees to work during the pandemic DEPARTMENT OF LABOR ISSUES GUIDANCE INTERPRETING FAMILIES FIRST CORONAVIRUS RESPONSE ACT On March 24, the U.S. Department of Labor issued guidance interpreting the Families First Coronavirus Response Act. As discussed in our recent update, the FFCRA was enacted on March 18 and requires businesses with fewer than 500 employees to provide paid leave to eligible employees for reasons related to COVID-19. CARES ACT - SUMMARY OF SMALL BUSINESS RELIEF This summary addresses only certain portions of Section A and Section C of the act as they apply to small businesses. FAMILIES FIRST CORONAVIRUS RESPONSE ACT SUMMARY On March 18, 2020, the President signed into law, the Families First Coronavirus Response Act, which establishes paid sick leave under a new law known as the Emergency Paid Sick Leave Act. SUMMARY OF THE ILLINOIS SHELTER IN PLACE EXECUTIVE ORDER Illinois Governor JB Pritzker issued a Shelter in Place order effective March 21, 2020 at 5 P.M. A detailed summary on what you need to know. 2020 USHERS IN SEVERAL NEW EMPLOYMENT LAWS As the new year begins, employers need to be aware of several new employment laws passed into law by Illinois in 2019 that take effect January 1, 2020 and July 1, 2020. Illinois employers of any size should take note of the new laws and take this time as the calendar turns to 2020 to review and update their internal practices, procedures and policies. THE LATEST NOISE ON NUISANCE CLAIM LITIGATION Advances in technology, operating practices, and capital improvements have turned today’s railroad into a safer, more efficient, and modern operation. But despite these recent advances, or perhaps because of them, plaintiffs’ attorneys continue to come up with new and creative theories for suing railroads, some more successful than others. This article will discuss applicable cases and trends involving one particular claim that is making the rounds – noise nuisances PUBLIC UTILITY CROSSING ISSUES Railroads are facing a dramatic increase in public utilities, such as telecommunications companies and cable television providers, seeking to cross railroad rights-of-way. This is driven in large part by the push to expand broadband service, especially into underserved rural and semi-rural areas, and to introduce 5G services. MATTHEW J. HAMMER WAS FEATURED IN THE JULY 2019 ISSUE OF THE TRANSPORTATION LAWYER Matthew J. Hammer was featured in the July 2019 issue of The Transportation Lawyer for his article “Northern District of Illinois Disposes of Two BIPA Claims Pursuant to Railway Labor Act.” DMG BIOMETRIC LAW UPDATE Noteworthy Biometric Law News Including a Wave of Class Actions as a result of an Illinois Supreme Court Decision, BIPA Claims Related to the Railway Labor Act, and BIPA Lawsuits Subject to Insurance Coverage or Indemnification. ILLINOIS SUPREME COURT DECISION BRINGS A WAVE OF BIOMETRIC PRIVACY CLASS ACTIONS Technology has become ubiquitous in the workplace including as an integral part of business security systems. Because of technological progress, companies increasingly use biometric information for multiple purposes. Biometrics are biological markers that make each of us unique and distinguishable from one another, the most common being the finger print. FEDERAL COURT DISPOSES OF TWO BIPA CLAIMS PURSUANT TO RAILWAY LABOR ACT Two recent decisions from the Northern District of Illinois offer a glimpse into how courts could limit employee class actions under the Illinois Biometric Information Privacy Act. IS THAT BIPA LAWSUIT SUBJECT TO INSURANCE COVERAGE OR INDEMNIFICATION? The rise in class action lawsuits under the Illinois Biometric Privacy Act (BIPA), and the potential for increased exposure after the Illinois Supreme Court’s decision in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186, means companies should look aggressively at their risk management programs to find potential insurance or indemnity coverage for those claims. DMG ENVIRONMENTAL LAW NEWSLETTER Noteworthy Environmental Law News including a DMG Environmental Trial Win, an update on when a CWA Permit is required for Migration of Contaminated Groundwater, the One Federal Decision for Permitting Major Infrastructure Projects, and Brownfields Amendments in the Build Act. WHEN IS A CWA PERMIT REQUIRED FOR MIGRATION OF CONTAMINATED GROUNDWATER? EPA AND COURTS WRESTLE WITH THE ISSUE. Companies and industries that operate sewer systems, ash ponds, retention ponds, surface impoundments, underground storage tanks and the like should be watching with interest regulatory and judicial developments on the reach of the Clean Water Act (CWA) permitting program. FEDERAL AGENCIES ADVANCE ONE FEDERAL DECISION POLICY FOR PERMITTING MAJOR INFRASTRUCTURE PROJECTS The Council on Environmental Quality and Office of Management and Budget took another step towards implementing the One Federal Decision policy with a Memorandum of Understanding among key federal agencies responsible for permitting major infrastructure projects, effective April 10, 2018 BROWNFIELDS AMENDMENTS IN THE BUILD ACT February 12, 2018, Congress passed the Brownfields Utilization, Investment, and Local Development Act of 2018 (BUILD) as part of the Consolidated Appropriations Act of 2018. DMG EMPLOYMENT LAW NEWSLETTER Noteworthy Employment Law News including a Seventh Circuit Court of Appeals Decision, USERRA, and The Illinois Biometric Information Privacy Act. AVOIDING USERRA PITFALLS AND DODGING USERRA COURT FIGHTS Hiring Service Members? Have Employees In the Armed Forces or National Guard? The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is a broad federal statute that establishes reemployment rights for service members returning from duty and protects vets and present service members, as well as those who have applied for service, from discrimination and retaliation in employment and in hiring. ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT – A TRAP FOR THE UNWARY If you ever have found yourself asking Apple’s Siri for directions, adding a Snapchat filter to your photo, or using your fingerprint to unlock your smart phone or clock into work, then you have interfaced with biometric technology. THE TECH-SAVVY EMPLOYER: AVOIDING POTENTIAL PITFALLS UNDER THE ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT. The growing ubiquity of technology has not only led to important efficiencies in law enforcement but is now also an integral part of business security systems. CASE STUDY: FATAL EXPLOSION CASE Daley Mohan Groble guides propane client to successful conclusion of fatal explosion case. QUICK REFERENCE GUIDE TO PROPERTY-BASED REGULATIONS Real estate management invariably requires an understanding of economic principles and a certain artistic approach in dealing with persons and other interests involved. THE "ILLINOIS FREEDOM TO WORK ACT" PROHIBITS NON-COMPETES WITH LOW-WAGE EMPLOYEES The Illinois Freedom to Work Act will prohibit most private-sector Illinois employers from entering into non-compete with their "low-wage" employees DEFEND TRADE SECRETS ACT: HOW BUSINESSES ARE TAKING ADVANTAGE The DTSA was enacted in large part to address concerns regarding corporate espionage, cyber-crimes, and trade secret issues. Just shy of ninety days after its enactment, how are employers taking advantage of the DTSA? CASE STUDY: ARMSTRONG V. BNSF WHISTLEBLOWER CASE Daley Mohan Groble tried the first FRSA (Whistleblower) Case in Illinois, winning a no-liability victory for its client EEOC REVISES EMPLOYER REPORTING REQUIREMENTS The EEOC has published its revised proposal to collect W-2 income and hours-worked data as part of its annual Employer Information Reporting process to support civil rights enforcement. SUPREME COURT RULES THAT ARMY CORPS JURISDICTIONAL DETERMINATIONS UNDER CLEAN WATER ACT CAN BE APPEALED Owners and developers often request a jurisdictional determination (JD) for projects in order to identify wetlands and other protected waters, and under prior court decisions, the landowner or developer had to exhaust administrative remedies. In 2016 the Supreme Court ruled unanimously that Jurisdictional Determinations by the Corps can be appealed under the Administrative Procedure Act as a final agency action. WHISTLEBLOWER LAWS’ EFFECT ON THE TRANSPORTATION INDUSTRY Employee Whistleblower Protection laws at the federal level are quickly and, perhaps alarmingly for transportation employers, becoming one of the largest growth areas in transportation litigation. NAVIGATING THE LEGAL TRENCHES OF HIRING VETERANS Now is a critical time for businesses to hire veterans, but private employers need to consider both the legal benefits and challenges associated with hiring veterans. ENVIRONMENTAL ISSUES IN A DERAILMENT The environmental regulatory setting for a derailment depends on what was released, how much, and where it went. 55 West Monroe Suite 1600 Chicago, IL 60603 US T: +1 312-422-9999 F: +1 312-422-5370 www.daleymohan.com Email us here. For more info, visit our contact page.