Featured

On February 21, 2023, the National Labor Relations Board ruled that confidentiality and non-disparagement clauses in severance agreements with unionized and non-unionized non-supervisory employees are unlawful. The recent decision, McLaren Macomb, overturned settled precedent that employers could lawfully include confidentiality and non-disparagement clauses in severance agreements with non-supervisory employees, unless the circumstances under which the agreements were offered were coercive.

The Illinois Supreme Court recently issued two major and highly-anticipated decisions regarding the Illinois Biometric Information Privacy Act (“BIPA”). Specifically, these two decisions determined that the statute of limitations for all BIPA claims is five years, and determined that each scan or disclosure of biometric information constitutes a separate claim under BIPA. As discussed below, these decisions may have grave consequences for businesses operating in Illinois.

We wish our clients and friends a happy, healthy, and successful 2023. Our January Legal Update highlights some new federal and state laws and amendments taking effect this year that may impact Illinois business owners and individuals. If you are potentially affected by any new law or amendment detailed below, we encourage you to consult with your FVLD counsel to ensure that you are in compliance with, or are taking advantage of, these changes.