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Employment Law Blog

100 Percent COBRA Subsidies and Continuation Coverage Provided by the American Rescue Plan: What Workers Need to Know

100 Percent COBRA Subsidies and Continuation Coverage Provided by the American Rescue Plan: What Workers Need to Know

Anyone who lost a job that provided group health insurance knows that COBRA continuation coverage can be a lifesaver. They also know that the costs of maintaining that coverage can be astronomical if not prohibitive, especially for someone looking for a new position. For workers who rely on COBRA coverage or are considering enrolling because of a layoff or termination, President Biden’s recently enacted American Rescue Plan of 2021 (ARP) provides significant relief, including subsidies that effectively make health insurance free for several months.

Congress Proposes Vital Protections for Whistleblowers as Workplaces Reopen

Congress Proposes Vital Protections for Whistleblowers as Workplaces Reopen

COVID-19 has devastated countless individuals and businesses, both economically and personally. Local, state, and federal agencies have hastily authorized economic relief programs to help ease the impact on families, communities, and the national economy. To address community needs, many agencies quickly distributed funds with minimal oversight. To prevent fraud and misuse of federal benefits, members of Congress have introduced proposed legislation called the Coronavirus Oversight and Recovery Ethics (CORE) Act, which also includes critical whistleblower protection provisions.

Illinois Plans to Further Expand “Ban the Box” Protections to Individuals With Criminal Histories

Illinois Plans to Further Expand “Ban the Box” Protections to Individuals With Criminal Histories

Job seekers in Illinois will soon likely have fewer reasons to worry that past convictions will stand in the way of future employment opportunities. The Illinois legislature recently passed amendments to the Illinois Human Rights Act (IHRA) that expand “ban the box” protections against employment and hiring discrimination based on criminal history. If signed by Gov. J.B. Pritzker as expected, SB 1480 will make it more difficult for employers to justify using past convictions for adverse hiring decisions.

U.K. Decision Finding Uber Drivers Are Not Independent Contractors Will Affect Gig Economy Workers on Both Sides of the Atlantic

U.K. Decision Finding Uber Drivers Are Not Independent Contractors Will Affect Gig Economy Workers on Both Sides of the Atlantic

In a landmark decision on February 19, 2021, Britain’s Supreme Court ruled that drivers whom Uber classified as independent contractors would be treated as “workers” subject to U.K. worker rights and employment protections and benefits under the law. The implications for the likes of Uber, Lyft, DoorDash, Grubhub, and other gig economy players may prove dramatic –providing their workers the same wage, leave, vacation, and other benefits as de facto employees.

Philadelphia Expands “Ban the Box” Protections and Further Limits Use of Credit History in Hiring

Philadelphia Expands “Ban the Box” Protections and Further Limits Use of Credit History in Hiring

Job seekers and workers in Philadelphia will soon have fewer worries about whether their criminal or credit histories will stand in the way of potential opportunities. That is due to a series of amendments to Philadelphia’s “Ban The Box” ordinance and other provisions of The Philadelphia Code that further limit the information employers can use when screening candidates and making employment decisions. If you are looking for work in Philadelphia, here is what you need to know about these changes and how they impact your right to be free from employment discrimination based on unrelated criminal history.

While COVID-Related Employment Claims Are on the Rise, Courts May Be Hesitant to Enforce Restrictive Covenants

While COVID-Related Employment Claims Are on the Rise, Courts May Be Hesitant to Enforce Restrictive Covenants

In recent years, many companies have asked new and continuing employees at all levels to sign non-compete, non-solicitation, and non-recruitment agreements. Sometimes, these restrictive covenants are part of a carefully negotiated employment agreement for an employee managing sensitive or valuable projects. Often, however, these agreements are boilerplate clauses tucked into hiring documents that a new employee may not understand (or even read).

When a worker is subject to restrictive covenants and tries to leave employment and get another job in their field, they may find themselves defending against threats of legal action by their former employer. Workers who are laid off indefinitely or terminated due to the COVID-19 coronavirus may be unpleasantly surprised to find their previous employer attempting to enforce restrictive covenants and prevent them from working for competitors, or worse, a wider range of companies.

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