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5th Circuit Strikes Down 2021 Tip Rule

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a 2021 regulation by the U.S. Department of Labor restricting employers’ use of the tip credit for tipped employees under the Fair Labor Standards Act. The...more

Another Cook in the Kitchen: Court Finds Chef is Entitled to Overtime

Many employers make the mistake of assuming that employees can be treated as exempt so long as they have certain job titles or are paid a salary rather than an hourly wage. That error is especially common in small businesses...more

Tech Firm’s Attempt to Block Overtime Rule Falls Short

After a federal judge in the Eastern District of Texas blocked the DOL’s new overtime exemption rule as it pertains to Texas state employees, another judge in the Northern District of Texas declined to issue a similar...more

Court Blocks New DOL Rule – But Only for Texas

On Friday, a federal district court granted a preliminary injunction sought by the State of Texas to block implementation of the U.S. Department of Labor’s new rule increasing minimum salaries for overtime exempt employee....more

Converting Exempt Employees to Non-Exempt

With the DOL’s new overtime exemption rule set to go into effect on July 1 and no ruling yet on the state of Texas’s motion to put the rule on hold, employers will need to decide what to do with exempt employees whose minimum...more

Will The New Overtime Rule Take Effect July 1?

The clock is quickly ticking down to July 1, when the U.S. Department of Labor’s new rule increasing the minimum salary for many employees to be considered exempt from overtime under the Fair Labor Standards Act is supposed...more

Recent Supreme Court Decision Clarifies Lower Standard of Harm for Job Transfers under Title VII

In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more

New Chicago Paid Leave and Paid Sick Leave Rules Finalized, Effective July 1

Earlier this month, the Chicago Department of Business Affairs and Consumer Protection published the final rules supporting Chicago’s new Paid Leave and Paid Sick and Safe Leave Ordinance. Both the ordinance and the rules go...more

Coaches and Athletic Trainers Under the New FLSA Exemption Rules

A common question for schools assessing how to comply with the new overtime exemption rule published by the U.S. DOL is what to do about coaches and athletic trainers in light of the new minimum salary requirement for the...more

EEOC Releases Final Rule on Pregnant Worker Protections, Updated Guidance on Worker Harassment

In April, the U.S. Equal Employment Opportunity Commission (EEOC) released two long-awaited final documents aimed at strengthening worker protections: the final rule implementing the Pregnant Workers Fairness Act (PWFA, or...more

Not All Exempt Employees Are Affected by the New Minimum Salary Rule

The U.S. Department of Labor recently published new final regulations that increase the minimum salary level for most employees to be considered exempt under the executive, administrative, and professional exemptions to the...more

U.S. DOL Updates Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor issued final regulations updating the minimum salary threshold for employees to be considered exempt from overtime requirements under the Fair Labor Standards Act. The...more

Cook County Paid Leave Ordinance Updates: School and Park Districts Exempt for Now, Final Draft of Proposed Rules Passes

On March 14, 2024, the Cook County Board of Commissioners passed an amendment to the new Cook County Paid Leave Ordinance and approved the final draft of proposed rules under the Ordinance. The new amendment, effective...more

US DOL Issues Final Rule on Independent Contractors

On January 9, 2024, the U.S. Department of Labor announced a new final rule revising the test for whether workers are considered to be employees versus independent contractors for purposes of the Fair Labor Standards Act. The...more

Chicago May Delay New Paid Leave Mandate

In November 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, dramatically expanding the city’s existing paid sick leave ordinance to require employers to provide an...more

EEOC Releases Proposed Regulations for New Pregnancy Law

Earlier this month, the EEOC released proposed regulations to implement the Pregnant Workers Fairness Act (“PWFA,” or the “Act”), which we initially wrote about. (The proposed rule can be found on the Federal Register’s...more

Illinois to Mandate Equal Pay and Benefits, New Notice and Safety Requirements for Many Temporary Workers

Under a new amendment to the Illinois Day and Temporary Labor Services Act, Illinois employers and staffing agencies will be required to provide temporary workers pay and benefits equal to certain directly-hired employees...more

U.S. Supreme Court Raises Bar for Denying Employee Religious Accommodations

In Groff v. DeJoy, Postmaster General, a unanimous U.S. Supreme Court set aside nearly five decades of precedent holding that an employer could deny an employee’s request for a religious accommodation under Title VII if the...more

New Reimbursement Rules for Illinois Employers

In April, the Illinois Department of Labor published new regulations regarding the expense reimbursement requirements in Section 9.5 of the Illinois Wage Payment and Collection Act. The Act requires an employer to reimburse...more

Paid Leave for All Workers Act Law Bulletin

Governor Pritzker has signed into law the recently passed “Paid Leave for All Workers Act” (“PLAWA”), guaranteeing paid time off for virtually all working Illinoisans. Set to go into effect on January 1, 2024, the PLAWA will...more

U.S. Supreme Court Rules Highly Compensated “Daily Rate” Employees Entitled to Overtime under FLSA

In a reminder that it takes more than a big paycheck to be exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”), the U.S. Supreme Court held in Helix Energy Solutions Group, Inc. v. Hewitt that a...more

Biden Signs into Law New Protections for Pregnant and Nursing Employees

On December 29, 2022, President Biden signed the 2023 Omnibus Spending Bill into law. Buried in the legislation were two new laws providing additional protection for pregnant and nursing employees in the workplace: the...more

Chicago Employers Get Ready: New Harassment and Bystander Training Obligations Among Key Changes to Chicago Human Rights Ordinance

On April 27, 2022, the Chicago City Council approved several substantive amendments to the sexual harassment provisions of the Chicago Human Rights Ordinance. The amendments impose new and expanded harassment training...more

Masking Mandates Lifted

Schools and districts throughout the State – and country – are beginning this school week on the heels of a flurry of announcements made last Friday by the CDC, the Illinois Supreme Court, Governor Pritzker and ISBE,...more

State Defendants Appeal COVID-19 TRO to the Illinois Supreme Court

In the wake of last week’s Appellate Court ruling, Governor Pritzker and the other state defendants have taken their appeal of the February 4, 2022 TRO regarding school COVID-19 mitigation measures to the Illinois Supreme...more

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