In Short -
The Situation: The National Labor Relations Board ("NLRB" or "Board") recently issued a Notice of Proposed Rulemaking to articulate the standard for determining joint-employer relationships under the National...more
The Ohio Employment Law Uniformity Act ("Act") took effect on April 15, 2021, streamlining Ohio law and aligning it with federal law in the area of employment discrimination claims in various respects. A summary of the key...more
The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and...more
The Situation: Recent amendments to the Illinois Equal Pay Act of 2003 and Illinois Business Corporation Act of 1983 create significant new reporting and certification requirements for Illinois employers, along with new...more
The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more
9/30/2020
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Proposed Rules ,
Wage and Hour
The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more
9/17/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
The Situation: Recently amended Federal Rule of Civil Procedure 23(e)(2) requires courts to analyze several factors in evaluating whether to approve class settlements.
The Result: Class action settlements that would...more
The Situation: After a six-month pilot, the U.S. Department of Labor ("DOL") confirmed continuation of its Payroll Audit Independent Determination ("PAID") program, which is a voluntary supervised settlement program of Fair...more
10/24/2018
/ Back Wages ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Minimum Wage ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Self-Reporting ,
State and Local Government ,
Unpaid Wages ,
Wage and Hour