Antonio Caldarone

Antonio Caldarone

Laner Muchin, Ltd.

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A Look Ahead At Wage And Paid Leave Issues In 2017

Passage of new sick leave laws, increases in the minimum wage, and even an attempt to increase the salary basis for exempt employees made 2016 an active year for wage issues. Despite the anticipation of a more...more

2/4/2017 - DOL Minimum Salary Minimum Wage Paid Leave Sick Leave Sick Pay State Labor Laws Wage and Hour White-Collar Exemptions

State And Local Governments Increase The Minimum Wage And Pass Paid Family Leave Laws

State and local governments have recently passed a flurry of minimum wage increases and paid family leave laws. Most of the attention has been on increases in the minimum wage to $15.00 (in New York by 2019, and in...more

4/25/2016 - Minimum Wage Paid Family Leave Law Paid Leave State and Local Government Wage and Hour

Tips Belong To Tipped Employees, Regardless Of Whether Employer Takes Tip Credit, Says A Federal Appellate Court

The U.S. Court of Appeals for the Ninth Circuit upheld a U.S. Department of Labor (DOL) rule prohibiting employers from requiring employees to share tips with non-tipped employees, even if the employer does not take the tip...more

3/31/2016 - DOL FLSA Tipped Employees Tips Wage and Hour

Recent EEOC Settlements A Reminder That Employers Face Substantial Liability If Pre-Employment Exams Are Not Job-Related

The U.S. Equal Employment Opportunity Commission (EEOC) has been very aggressive in challenging pre-employment exams. Employers utilize an array of pre-employment exams to assess an employee/applicant’s physical fitness,...more

10/8/2015 - Disability Discrimination EEOC Employer Liability Issues Hiring & Firing Popular Pre-Employment Health Screenings Race Discrimination Settlement Sex Discrimination

NLRB Reverses 50-Year Policy, Requires Employers To Deduct Union Dues From Employees' Paychecks Even After Labor Contracts Expire

In Lincoln Lutheran of Race & SEIU , the National Labor Relations Board (NLRB) held that an employer’s obligation to "check off" union dues (i.e., deduct union dues from employees’ paychecks for the benefit of the union)...more

9/22/2015 - Collective Bargaining Fixed-Term Labor Contracts NLRB Payroll Deductions Union Dues

USDOL Proposes Significant Increase In The Minimum Salary An Employee Must Earn To Be Exempt From Overtime

In one of the most potentially sweeping changes to the Fair Labor Standards Act (FLSA) regulations in over a decade, the U.S. Department of Labor (USDOL) has proposed an increase in the minimum salary for employees to qualify...more

8/11/2015 - DOL Exempt-Employees FLSA Minimum Salary Non-Exempt Employees Unpaid Overtime

New Wage And Hour Laws Go Into Effect On July 1

Before you fire up the grill to celebrate Independence Day, this is a reminder that a number of important laws passed by local and state governments around the country become effective July 1. The Fast Laner previously...more

7/3/2015 - Local Ordinance Minimum Wage PTO Sick Leave Wage and Hour

Court Rules That Payment Of Overtime Wages Pursuant To A Department Of Labor Audit Does Not Preclude Affected Employees From...

Obtaining a valid waiver of minimum wage or overtime claims under the Fair Labor Standards Act (FLSA) continues to be tricky. Section 216(c) of the FLSA requires that a valid waiver must be “supervised” by the U.S. Department...more

4/8/2015 - Audits Damages DOL FLSA Minimum Wage Over-Time Waivers

Cook County Passes Wage Theft Ordinance; Businesses Face Harsh Sanctions For Violations of State And Federal Wage Laws

Effective May 1, 2015, employers in Cook County could face severe consequences for violating state and federal wage and hour laws. In a recent unanimous vote, Cook County Commissioners passed the “Cook County Wage Theft...more

3/13/2015 - Business Licenses Employer Liability Issues FLSA Minimum Wage Property Tax Public Contracts Sanctions Wage and Hour Wage Theft Prevention Act

EEOC Finds That More Than 40% Of EEOC Charges Of Discrimination Contain Retaliation Claims

Last week, the United States Equal Employment Opportunity Commission (EEOC) released its enforcement litigation data for FY 2014. Continuing a recent trend, the EEOC reported that the percentage of EEOC charges of...more

3/1/2015 - Discrimination EEOC Enforcement Actions Harassment Race Discrimination Retaliation

DOL Issues Proposed Regulatory Changes To Sex Discrimination Rules For Federal Contractors

The United States Department of Labor (USDOL) has begun what is expected to be a year filled with regulatory changes by issuing its proposed new regulations regarding sex discrimination by federal contractors, which have not...more

2/15/2015 - DOL Employee Benefits Equal Pay Federal Contractors FLSA New Regulations Parental Leave Popular Pregnancy Discrimination Reasonable Accommodation Sex Discrimination Title VII

U.S. Supreme Court Hears Argument On Compensability Of Time Spent By Employees Undergoing Post-Shift Security Checks

In Integrity Staffing Solutions v. Busk, the United States Supreme Court heard oral argument recently in a class action case regarding whether employees assigned by their employer to work at an Amazon warehouse must be...more

12/31/2014 - Amazon FLSA Integrity Staffing v Busk Internet Retailers NLRB Retailers SCOTUS Security Checks Wage and Hour

Significant Changes To The Illinois Wage Payment And Collection Act Receive Little Publicity, But Employers Should Take Notice

On August 22, 2014, significant changes to the Illinois Wage Payment and Collection Act (IWPCA) regulations became effective. The IWPCA is an Illinois law with a ten-year statute of limitations that governs the payment of...more

10/10/2014 - Employee Rights Wage and Hour Wage Deductions Wages

Employee's Failure To Follow Call-In Procedures Dooms FMLA Claims

Managing intermittent FMLA leaves is often challenging for employers. However, a recent case reinforces the requirement that employees must comply with reasonable call-in procedures to report FMLA absences. Following a recent...more

6/26/2014 - Employment Policies FMLA Hiring & Firing Unpaid Leave

Employers Should Be Cautious Before Searching Social Media Sites For Information About Prospective Employees

The ability to obtain information about a prospective employee on social media is hard to resist. With the explosion of social media sites and other information on the Internet, employers have a vast array of information...more

1/30/2014 - Employee Rights Job Applicants Social Media

Audit Workplace Policies And Practices To Ensure A Legally Compliant 2014

Auditing internal employment policies and practices helps to identify and resolve areas of legal risk. The types of workplace policies that should be regularly reviewed include: EEO/Harassment; Complaint Reporting Procedures;...more

1/17/2014 - Audits Compliance EEO Employer Liability Issues FMLA Harassment Mobile Devices Workplace Investigations

Develop And Schedule Employment Training Programs For 2014

The beginning of 2014 is an excellent time to assess your training needs for the year and schedule training sessions before schedules fill up. An employment training program should include training for both employees and...more

1/14/2014 - Compliance Training

Tis The Season To Avoid Wage and Hour Pitfalls With Holidays and Bonuses

As the end of the year and year-end holiday season approach, so do annual bonus time and paid holidays. Employers should avoid some common wage and hour pitfalls with bonuses and paid holidays. The first common pitfall is not...more

12/10/2013 - Bonuses Holidays Wage and Hour Year-End Compliance Checklist

Illinois Department Of Labor Assessing Fines For Record-Keeping Violations

Illinois wage laws like the Illinois Minimum Wage Law (IMWL) and One Day Rest in Seven Act (ODRISA) require employers to maintain certain records for each employee, such as time records of hours worked, records showing the...more

11/13/2013 - DOL Fines Recordkeeping Requirements Rest and Meal Break

Lady Gaga, Former Personal Assistant, Settle Overtime Claims; Case Highlights Risk Of "On Call" Expectations For Non-Exempt...

Last week, a federal court in New York approved an undisclosed settlement between pop singer Lady Gaga and her former personal assistant to resolve the personal assistant’s overtime claims. Although the terms of the...more

11/6/2013 - Employee Rights Lady Gaga Non-Exempt Employees On-Call Employees Unpaid Overtime Wage and Hour

Court Rules That Employees Involved In Alleged FMLA Violations Can Be Held Personally Liable

A federal district judge in Illinois recently ruled that a former employee may proceed with his interference and retaliation claims under the Family and Medical Leave Act (FMLA) against his former employer’s Human Resources...more

10/16/2013 - Employer Liability Issues FMLA Personal Liability Policy Violations Termination Training

New Illinois Law Sets Default Deadlines For Defendants To Tender Settlement Agreements And Make Settlement Payments

Effective January 1, 2014, a new Illinois law amending the Illinois Code of Civil Procedure will, unless otherwise agreed by the parties, require defendants settling certain claims to provide plaintiffs with a draft...more

9/24/2013 - Deadlines Payment Plans Settlement

Employers Take Note: Back To School Means Parents May Exercise Rights Under Illinois School Leave Law To Attend School Conferences...

As children across Illinois go back to school, employers should take note of a lesser-known Illinois employment law that gives parents the right to take time off to attend school conferences or classroom activities. The...more

9/7/2013 - Parental Rights

New Illinois Law Gives Employers Incentives To Hire Ex-Offenders And Allows Ex-Offenders To Seal Criminal Records

Illinois Governor Pat Quinn recently signed a bill into law that gives employers greater financial incentives to hire persons with criminal records and makes it easier for ex-offenders to seal or expunge their criminal...more

8/23/2013 - Criminal Records Incentives Pat Quinn Sealed Records

Senate Confirms President Obama's NLRB Nominees, But This Development Is Unlikely To Render Noel Canning Moot

As part of a deal to avoid changes to its filibuster rules, the Senate last week confirmed President Obama’s nominees to the National Labor Relations Board (NLRB). ...more

8/8/2013 - Barack Obama Canning v NLRB Confirmation Proceedings NLRB Political Appointments

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