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Contractual Choice of Law Provision Can’t Shield Employer From State Wage and Hour Class Action

The Seventh Circuit Court of Appeals ruled last week that a contractual choice of law provision was irrelevant to whether workers were employees or independent contractors and to whether pay deductions were lawful....more

Feds Continue to Prioritize Retaliation Claims – Is Your Organization Protected?

Retaliation remains a top enforcement priority of the federal government. Last week the U.S. Department of Labor (DOL) announced a new field assistance bulletin entitled “Protecting Workers from Retaliation” and pledged to...more

State Survey – Considering Criminal Convictions In Private Employment Decisions

As we previously discussed, Illinois has moved beyond “ban-the-box” and now significantly restricts employers’ ability to consider criminal convictions when making employment decisions. (For more details see our employer’s...more

New Rules For Tipped Employees To Take Effect In February 2021

On December 22 the Federal Department of Labor (DOL) published a Final Rule changing the FLSA regulations for tipped employees. The Final Rule takes effect 60 days after publication. A caveat before we dig into the Final...more

Recent Decision Highlights Risk Of Post-Employment Retaliation Claims

A federal court in Pennsylvania recently ruled that a former employee presented sufficient evidence to warrant a jury trial on a claim she was retaliated against after she resigned. The decision serves as a good reminder that...more

New Revision To The Indiana Code And What It Means For Employers

On May, 1, 2019, Indiana Senate Bill 99 was signed into effect amending Indiana’s Wage Assignment Statute. The amendment makes the statute a bit more employer friendly by clarifying that, with proper authorization from the...more

Do I Have To Pay Employees To Attend Company-Sponsored Volunteer Events?

Company sponsored volunteer activities foster a positive corporate culture and can improve employee engagement and morale. On March 14, 2019, the U.S. Department of Labor issued an Opinion Letter that makes wage and hour...more

Is Obesity A Disability Under The ADA?

As with so many ADA questions, “it depends.” However, a pair of cases pending before the 7th Circuit Federal Court of Appeals (covering Illinois, Indiana, and Wisconsin) could provide further guidance. ...more

Post-Election Employment Implications In Illinois, Indiana, Missouri And Wisconsin

With the dust mostly settled after election night, we can now look at the impact the election will have on employment laws in Illinois, Indiana, Missouri and Wisconsin, and at the federal level. Illinois: The major story...more

Help! Our New Hire Showed Up With A Service Dog!

Reasonable accommodation issues often require an employer to balance the needs of the employee requesting accommodation with the needs of other employees who are impacted by the decision. These issues can be magnified when an...more

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

#MeToo Prompts Stiffer Sexual Harassment Laws

In January we reported on a change in federal tax law aimed at discouraging confidentiality in sexual harassment and abuse settlements. Since then Tennessee, Washington, New York, and New York City have enacted sexual...more

Illinois Employer Faces Class Action For Using Fingerprints To Track Attendance

Technology allowing employers to use biometric data tools to track attendance and maintain worksite security abounds. Purveyors hype the advanced technology’s ability to accurately validate time entries, eliminate fraud, and...more

White House Proposes Paid Family Leave Plan

The proposed budget released by the White House in May includes a plan to provide new parents with up to six weeks of paid leave to bond with a new child. Obviously the plan is far from becoming law; implementing such a plan...more

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