On Friday Supreme Court the Supreme Court issued a highly anticipated ruling that will strip federal administrative agencies of a significant amount of power. In brief, the Supreme Court’s Loper Bright Enters. v. Raimondo...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Vessels
Illinois employers need to be aware of additional notice and distribution requirements under the recently-signed House Bill 3733 (the “Bill”), which will become effective January 1, 2024 – particularly staffing agencies and...more
Join Amundsen Davis attorneys Peter E. Hansen and Laurie E. Meyer to discuss recent changes to, and a comparison of, Illinois and Wisconsin employment laws, along with recent developments in Federal employment laws....more
5/12/2023
/ Bereavement Leave ,
Department of Labor (DOL) ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Human Rights ,
Illinois ,
Independent Contractors ,
Job Applicants ,
Minimum Wage ,
Misclassification ,
Paid Leave ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Wisconsin
As labor unions continue to target banks and credit unions – employers that, as mentioned in our previous blog, unions historically avoided – employers in the financial industry must be aware of labor law developments....more
On November 21, 2022, New York State Governor Kathy Hochul signed Assembly Bill 8092B, amending the state's labor law to clarify that employers cannot retaliate against employees for “any legally protected absence pursuant to...more
California Governor Gavin Newsom recently signed into law a number of new bills impacting employers operating in California, who must remain vigilant with these developments as they are quickly going forward. Below are the...more
10/12/2022
/ Bereavement Leave ,
Drug Testing ,
Governor Newsom ,
Job Descriptions ,
New Legislation ,
Paid Leave ,
Pay Data ,
Pay Transparency ,
Posting Requirements ,
State Labor Laws ,
Wage and Hour
If we were to tell you that the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) recently entered into a Memorandum of Understanding (MOU) “Regarding Information Sharing, Cross-Agency Training, and...more
8/5/2022
/ Collaboration ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Independent Contractors ,
Memorandum of Understanding ,
Mergers ,
Misclassification ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unfair Labor Practices
Although labor unions have historically not targeted banks and credit unions for organizing, desperate times call for desperate measures as union membership continues to fall in the United States with only 6.1% of the...more
If you’re wondering what to do in the wake of the United States Supreme Court’s decision striking down the OSHA’s Emergency Temporary Standard mandating COVID-19 vaccination and testing, you’re not alone. Unfortunately, there...more
The United States Department of Labor released a long-awaited Emergency Temporary Standard (“ETS”) for private employers with over 100 employees. The 490 page interim final rule answers a number of questions employers have...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
New Guidance ,
OSHA ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Seasonal Workers ,
Temporary Employees ,
Vaccinations ,
Virus Testing
On October 29, 2021, the U.S. Department of Labor published its final rule regarding tipped employees with dual jobs (i.e., employees who perform both tipped and non-tipped work), rejecting the Trump-era approach to...more
11/2/2021
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Employers with tipped employees, take note: the U.S. Department of Labor (DOL) released its long-awaited final rule on tip regulations, which was officially published on September 24 and becomes effective November 23, 2021....more
Wisconsin employers discounting the possibility of organizing campaigns and unionization in their workplace, take note: the International Brotherhood of Electrical Workers’ (IBEW) recent victory at Colectivo Coffee Roasters...more
The short answer is, private sector employers can very likely terminate the employee. If the employee is at-will, they can be fired for any non-discriminatory reason (or no reason at all); and, intentionally using the wrong...more
Employers who require employees to undergo mandatory security checks, health screenings, or similar pre- or post-shift activities take note: a growing number of courts have determined time spent waiting to undergo and...more
Contractors beware – the Illinois Department of Labor (IDOL) has ramped up audits of contractors as labor unions and related organizations flood the IDOL with “complaints. Remember, under the Illinois Prevailing Wage Act...more
5/7/2021
/ Audits ,
Compliance ,
Contractors ,
Department of Labor (DOL) ,
Illinois ,
Labor Law Violations ,
Non-Union ,
Prevailing Wages ,
Public Works ,
Recordkeeping Requirements ,
State and Local Government
Now that COVID-19 vaccines are starting to roll out, employees who have been vaccinated are beginning to question whether they are still required to wear face masks, practice social distancing, etc. In short, yes they are –...more
A question that employers often ask when someone in the workplace reports COVID-19 symptoms or a positive test is, who is the employer required to notify? Typically common sense and CDC guidelines have been that employers...more
A Wisconsin state court recently issued a helpful reminder to employers operating in Wisconsin – and employers with employees working outside of their home state: always check local and state conviction records laws before...more
Although Wisconsin has no statewide or industry-specific requirements, Governor Evers’ November 10, 2020 Executive Order “strongly encouraged” all businesses to take a number of precautions in response to the COVID-19...more
The U.S. Department of Labor announced revised regulations interpreting the Families First Coronavirus Response Act (FFCRA) in response to a New York federal court decision declaring some FFCRA regulations invalid. The...more
Chicago employers take note – beginning July 1, 2020, you may be required to post work schedules at least 10 days in advance in order to comply with the Fair Workweek Ordinance. This seems like as good a time as any for a...more
The Wisconsin Supreme Court struck down Emergency Order 28, the Safer at Home Order, for failing to follow emergency rulemaking procedures in a lengthy 161-page opinion – effective immediately. So, what does this mean for...more
Recent changes to the Illinois Human Rights Act (IHRA) require all Illinois employers to provide sexual harassment prevention training to all employees by December 31, 2020, and once per year thereafter – and tasked the...more
The question many employers have faced in recent weeks is whether or not COVID-19 could be covered by workers compensation. The answer is generally… “UNLIKELY — except those who are directly involved in dealing with the...more