Illinois employers will be far more restricted in their ability to bind employees to non-competition and non-solicitation agreements as result of an amendment to the Illinois law governing such agreements. The law amends the...more
Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more
12/4/2019
/ Bonuses ,
Comment Period ,
Compensation ,
Compensation & Benefits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fluctuating Workweek ,
Incentive Compensation ,
Labor Regulations ,
Non-Exempt Employees ,
Proposed Rules ,
Rulemaking Process ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
As marijuana legalization laws spread, some states are more focused on employee protections, but Illinois recently adopted a new marijuana law that includes extensive workplace protections for employers. Last month, the...more
7/16/2019
/ Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Regulations ,
Marijuana ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Zero Tolerance Policies
A second federal appellate circuit has ruled that the Age Discrimination in Employment Act (the ADEA) does not apply to job applicants’ claims that a policy or practice has a disparate impact on older individuals. ...more
Employers are no longer barred from taking the tip credit for tipped employees who spend more than 20% of their time doing non-tipped activities, according to a new U.S. Department of Labor opinion letter doing away with the...more
11/28/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
Opinion Letter ,
Regulatory Reform ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Employers seeking to avoid liability often stick to dates of employment and position held when responding to reference requests. But there is a new trend in legislation offering protection to employers who disclose to...more
Employers will once again have another source of guidance on wage and hour issues from the U. S. Department of Labor, which last month reinstated the practice of issuing opinion letters. ...more
Healthcare employers take note: the Department of Health and Human Services (“HHS”) has issued a proposed rule that, if passed, will allow healthcare workers who object to performing certain medical procedures like abortions...more
4/3/2018
/ Abortion ,
Department of Health and Human Services (HHS) ,
Freedom of Religion ,
Gender Identity ,
Healthcare Facilities ,
LGBTQ ,
OCR ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Transgender ,
Trump Administration
Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more
12/13/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Home Depot ,
Injury-in-Fact ,
Screening Procedures ,
Spokeo v Robins ,
Standing
Good news for restaurant employers: the regulation that says tips belong to the employee – regardless of whether the employer takes the tip credit or pays the full minimum wage — may soon be history. Last week, the Department...more
11/1/2017
/ Department of Labor (DOL) ,
Deregulation ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Employers who are operating educational programs or activities – whether inside or outside educational institutions – take note: a recent court decision adds to a split in the federal appellate courts by allowing employees...more
5/9/2017
/ Civil Rights Act ,
Educational Institutions ,
Employer Liability Issues ,
Employment Discrimination ,
Private Right of Action ,
Retaliation ,
Statute of Limitations ,
Title IX ,
Title VII ,
University Employees ,
Workplace Harassment Guidance