William Pokorny

William Pokorny

Franczek Radelet P.C.

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New Salary Threshold May Be About $47,000

According to a report from Bloomberg BNA, unnamed DOL staffers have stated that the salary threshold in the hotly anticipated FLSA exemption rules will be about $47,000 per year, down slightly from the $50,440 level suggested...more

5/3/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Have You Trained Your Supervisors on Wage & Hour Compliance?

When sexual harassment lawsuits started becoming a major liability issue for employers, many employers sensibly responded by requiring their supervisory employees to go through mandatory anti-harassment training. There is at...more

3/28/2016 - Anti-Harassment Policies EEOC Employment Policies Minimum Wage Sexual Harassment

DOL OT Exemption Rules DOA? Federal Wage Theft Legislation? Probably Not ...

In a move that should surprise precisely no one who has been paying attention to current U.S. politics, GOP lawmakers in the U.S. House and Senate introduced legislation to block the U.S. DOL’s anticipated overtime exemption...more

3/21/2016 - DOL Final Rules FLSA Minimum Salary OMB Over-Time Proposed Legislation Wage and Hour Wage Theft White-Collar Exemptions

Unreported Working Lunches May Still Be Work Time

Back in December, we wrote about a case involving the Chicago Police Department, in which officers alleged that they were owed additional overtime for time spent responding to calls and messages on their Blackberry devices,...more

3/7/2016 - Corporate Counsel Department of Corrections Employee Benefits FMLA Policies and Procedures Rest and Meal Break Wage and Hour

New FLSA Exemption Rules - Coming In July?

Over the last few months we've been asked on an almost daily basis when the DOL will be publishing its hotly anticipated white collar exemption rules. The short answer is still, we don't know. A few months ago, the word was...more

2/1/2016 - DOL FLSA Minimum Salary Public Comment Unpaid Overtime Wage and Hour White-Collar Exemptions

Involved In Multiple Businesses? You Might Be a Joint Employer!

In our previous post about the DOL's new Administrator's Interpretation ("AI") on joint employment under the FLSA, we focused on "vertical" joint employment. That's the variety of joint employment that exists when there is...more

2/1/2016 - DOL FLSA Joint Employers Staffing Agencies Wage and Hour

Think Using a Temp Firm Solves Your FLSA Compliance Problems? Think Again, Says the DOL

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor issued a new Administrator's Interpretation ("AI") on the issue of joint employment under the FLSA. What is joint employment? The FLSA generally...more

1/25/2016 - DOL FLSA Joint Employers Staffing Agencies Wage and Hour

Supreme Court to Reexamine Service Advisor Exemption

Last October, we reported on a petition by an auto dealership asking the U.S. Supreme Court to overturn a ruling by the 9th Circuit Court of Appeals holding that the dealership's service advisors did not qualify for the...more

1/18/2016 - Car Dealerships Class Certification FLSA SCOTUS Service Advisors Tyson Foods v Bouaphakeo Wage and Hour

Small Business: Record Your Employees' Time!

Over the years I've had the opportunity to represent and advise a number of small businesses on wage and hour issues. Small businesses are understandably reticent to spend money on legal fees, so my first contact with many of...more

1/13/2016 - Burden of Proof FLSA Recordkeeping Requirements Small Business Wage and Hour

Serial Accommodation Lawsuits Against Restaurants

Earlier this year, we reported on a spike in the number of ADA public accommodation lawsuits being filed against businesses in Illinois. (FR Alert: Wave of ADA Public Accommodation Lawsuits Continues to Spread, Hits...more

1/11/2016 - ADA Disability Public Accommodation Restaurant Industry Retailers

DIRECTV v. Imburgia

Last week, in DIRECTV v. Imburgia, the United States Supreme Court issued a decision once again re-affirming the strong federal policy in favor of arbitration. At issue in this case was a service agreement entered into...more

12/28/2015 - Arbitration Agreements Class Action Arbitration Waivers DirecTV v Imburgia Federal Arbitration Act Preemption SCOTUS Unconscionable Contracts

City Not Liable For Chicago Police Officers' Blackberry Work Time

If a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed...more

12/21/2015 - Compensation Standards Email FLSA Mobile Devices Non-Exempt Employees Unpaid Overtime Wage and Hour

New Exemption Rules May Be Delayed To Late 2016

Waiting is the hardest part. Ever since the Department of Labor issued its proposal to substantially increase the minimum salary level needed to classify an employee as an exempt executive, administrative or...more

11/20/2015 - Compliance DOL Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Do we have to keep track of exempt employee time? [Wage & Hour FAQ]

Q. We keep track of work hours for non-exempt employees using an electronic timekeeping system. For our exempt employees, we really have no records of how many hours they are working each day or week. Are we required to? Even...more

10/16/2015 - FLSA Non-Exempt Employees Timekeeping Wage and Hour

What is the Cost of a Free Lunch? [Wage & Hour FAQ]

Q. We offer free lunches to our food service employees. Can we count the cost of these lunches as part of our employees' compensation? A. The short answer is yes, but as we all know, there's no such thing as a free...more

10/1/2015 - DOL FLSA Minimum Wage Unpaid Overtime Wage and Hour Wage Deductions

Many Home Companionship Workers No Longer Exempt

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

9/24/2015 - Appeals Companionship Exemptions DOL Domestic Workers Exempt-Employees FLSA Healthcare Home Health Care Home Healthcare Workers Minimum Wage Misclassification Unpaid Overtime Wage and Hour

11th Circuit "Tweaks" Test For Whether Interns Are Employees

If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair...more

9/21/2015 - DOL Employee Training FLSA Health Care Providers Healthcare Internships Medicare Minimum Wage Nurses SCOTUS Summary Judgment Unpaid Interns Unpaid Overtime Wage and Hour

Employee Defamation Claims: Why The Truth May Not Set You Free

A recent article posted by the ABA Journal highlighted the increased prominence of defamation claims in lawsuits brought by employees against their current or former employers. (“Fired workers increasingly add defamation...more

6/16/2015 - Corporate Counsel Defamation Electronic Communications Employment Policies False Statements Hiring & Firing Popular

High Court: Applicant Need Not Specifically Request Religious Accommodation To Maintain Title VII Claim

On June 1, 2015, the U.S. Supreme Court ruled that an applicant rejected for a retail store position by Abercrombie & Fitch because she wore a headscarf could maintain a Title VII claim against the retailer, even though she...more

6/2/2015 - Abercrombie & Fitch Corporate Counsel EEOC EEOC v Abercrombie Employer Liability Issues Hiring & Firing Religious Accommodation Religious Clothing Religious Discrimination Retailers SCOTUS Title VII

New Illinois Employment Laws Taking Effect January 1, 2015

Along with decorations, holiday feasts, and other merriment, employers in Illinois get to celebrate the close of another year by updating their policies and practices to comply with several recently enacted laws that will...more

12/17/2014 - Ban the Box Employer Liability Issues Hiring & Firing New Regulations Payroll Cards PDA Pregnancy Sexual Harassment Unpaid Interns Year-End Planning

Governor Signs Bill Calling for Greater Protections for Pregnant Employees

House Bill 8, now Public Act 098-1050, was recently signed by Governor Pat Quinn. As we reported in June of this year, the resulting amendments to the Illinois Human Rights Act expand upon the anti-discrimination protections...more

8/29/2014 - Discrimination Employee Rights Pregnancy Pregnancy Discrimination

Employers Beware: Repurposing HR Documents Can Create Liability

If you are like many HR professionals, when you are tasked with preparing documents like offer letters, noncompete agreements, or separation agreements, you start by pulling out a document that you have used in the past and...more

6/17/2014 - Chief Compliance Officers Compliance Employer Liability Issues Human Resources Professionals Popular

General Assembly Approves New Laws for Illinois Employers

As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more

6/6/2014 - Background Checks Criminal Background Checks Discrimination Employee Rights Employer Liability Issues Employer Mandates Hiring & Firing Human Rights Legislative Agendas Minimum Wage New Legislation Pregnancy Discrimination Sexual Harassment Wage and Hour

Secret to Reasonable Accommodations for Religion: Be Reasonable

If there is a secret to avoiding or, if necessary, winning lawsuits involving employee requests for religious accommodations, it is this: be reasonable. Two recent federal appeals court rulings highlight this seemingly...more

6/4/2014 - Employee Rights Reasonable Accommodation Religion Religious Discrimination

Illinois Supreme Court Lets Controversial Non-Competition Case Stand

In July 2013, we reported on the First District Appellate Court’s ruling in Fifield et al. v. Premier Dealer Services, Inc., in which the court upended Illinois law regarding what consideration is needed to create an...more

10/15/2013 - At-Will Employment Non-Compete Agreements

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