On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more
1/12/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
The New York State Legislature recently passed a bill that, if signed by Governor Kathy Hochul, will prohibit businesses from entering into post-employment noncompete agreements with employees, independent contractors, or any...more
In the coming months, employers in Illinois and Chicago will be subject to specific requirements, all of which are the results of new laws passed at either the state- or city-level....more
5/8/2023
/ Compliance ,
Deadlines ,
EEO-1 ,
Employee Training ,
Equal Pay ,
Filing Deadlines ,
Local Ordinance ,
Paid Leave ,
Sexual Harassment ,
State Labor Laws ,
Statutory Deadlines
Illinois employers should be prepared to take on several new requirements in 2023 and take steps to ensure that their policies and practices are up to date with current Illinois laws. As previously highlighted by Benesch,...more
The Illinois Constitution Amendment 1 (commonly referred to as the “Workers’ Rights Amendment”) has received enough votes to secure its passage. Citizens of Illinois voted on the Amendment on November 8, 2022, but delays in...more
On Tuesday, October 11, 2022, the Biden Administration’s Department of Labor ("DOL") issued a proposed rule revising the agency’s approach to evaluating independent contractor status under federal wage & hour law. The...more
Amendments to Chicago Ordinance Impose Additional Obligations Relating to the Prevention of Sexual Harassment -
As of July 1, 2022, amendments to the Chicago Human Rights Ordinance went into effect, requiring employers...more
7/7/2022
/ Amended Legislation ,
Bereavement Leave ,
Compliance ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Human Rights ,
Local Ordinance ,
Posting Requirements ,
Sexual Harassment ,
State Labor Laws ,
Training Requirements ,
Work Schedules
Transportation providers would do well to pay close attention to twin developments unfolding before the NLRB and the DOL that could have a very detrimental effect on those providers who use independent contractors as drivers,...more
2/11/2022
/ Commercial Truck Drivers ,
Data-Sharing ,
Department of Labor (DOL) ,
Enforcement Priorities ,
Independent Contractors ,
Memorandum of Understanding ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Public Comment ,
Transportation Industry ,
Wage and Hour
Private Carriage Stand-Up: Where to Begin When In-Sourcing Transportation -
An emerging trend in this era of supply chain disruption is the interest of large enterprise shippers, often in the consumer retail space, to...more
2/9/2022
/ Customs and Border Protection ,
Department of Labor (DOL) ,
Due Diligence ,
Exporters ,
Exports ,
Mexico ,
NLRB ,
Outsourcing ,
Reporting Requirements ,
Shipping ,
Supply Chain ,
Withhold Release Orders (WROs)
Benesch previously informed its clients about the significant changes made to Illinois restrictive covenants law by the Illinois legislature in the waning moments of its most recent legislative session. These changes include,...more
On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more
5/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
On April 28, 2021, the United States Court of Appeals for the Ninth Circuit held that the application of California’s Assembly Bill 5 (“AB5”) to motor carriers is not preempted by the Federal Aviation Administration...more
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law SB 1480, which specified new obligations for employers, as detailed in a recent alert. Now that SB 1480 has been signed into law, employers should implement...more
3/31/2021
/ Amended Legislation ,
Background Checks ,
Criminal Background Checks ,
EEO-1 ,
Employer Responsibilities ,
Equal Pay ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights ,
Pay Data ,
Reporting Requirements ,
State Labor Laws
On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more
2/23/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Rescission ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
With the new year, it is important for employers to keep in mind several laws that are newly applicable and a recent court opinion. Also, currently pending legislation, likely to be enacted soon, will create additional...more
2/16/2021
/ Americans with Disabilities Act (ADA) ,
EEO-1 ,
Employer Responsibilities ,
Equal Pay ,
Fair Workweek ,
Hiring & Firing ,
Human Rights ,
New Legislation ,
Reasonable Accommodation ,
Reporting Requirements ,
State Labor Laws
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
States and municipalities continue to take action to fill in the gaps left by federal legislation providing leave, including for reasons related to the ongoing COVID-19 pandemic. New York, New Jersey, and the City of...more
States continue to take action to fill in the gaps left by federal legislation providing leave for reasons related to the ongoing COVID-19 pandemic. California and Oregon have taken such action in recent months by expanding...more
12/15/2020
/ BOLI ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employee Benefits ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Paid Family Leave Law ,
Paid Leave ,
Public Health Emergency ,
Relief Measures ,
Sick Leave ,
Sick Pay
In November 2020, a California state appeals court ruled in People of the State of California v. Superior Court of Los Angeles County and Cal Cartage Transportation Express, LLC that the Federal Aviation Administration...more
12/14/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Labor Regulations ,
Preemption ,
State Labor Laws ,
Trucking Industry
Last year, the Illinois Workplace Transparency Act went into effect, which amended the Illinois Human Rights Act (the “IHRA”). The IHRA now requires that all employers with one or more employees in Illinois provide sexual...more
The State of Illinois and the City of Chicago have enacted several employment laws that will take effect on July 1, 2020. Employers with employees in Illinois or Chicago should take note of the following laws in order to...more
Certain states, including Illinois, have imposed mandatory harassment training requirements in 2020. Other laws not to overlook in this new working environment include state laws governing video interviews and local sick...more
Several states have begun to implement plans to “re-open” their economies. Many of these re-opening plans involve multiple phases during which various sets of businesses may resume operations. States may also require...more
On March 27, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act provides states with the ability to greatly expand their unemployment benefits programs through...more