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President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more

Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.

On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the...more

Federal District Court Says Class and Collective Action Waiver Survives Unenforceable Arbitration Agreement

On February 12, 2025, the U.S. District Court for the District of Oregon issued an important decision in Porteous v. Flowers Foods, Inc. regarding the enforceability of class and collective action waivers contained in...more

DOL Provides Further FLSA Guidance Regarding Manager and Supervisor Participation in Tip Pools

On January 14, 2025, the U.S. Department of Labor (DOL) issued another opinion letter (FLSA2025-1) reiterating its position that managers and supervisors are prohibited from participating in a tip pool under any circumstance....more

New Requirements for Employee Personnel Record Review Now in Effect in Illinois

The new year brought new requirements under the Illinois Personnel Record Review Act (“IPRRA”), 820 ILCS 40/1 et seq., that expand the types of personnel documents that employees can inspect and require employers to obtain a...more

Expanded Employee Whistleblower Protections Are in Effect in Illinois

Changes to the Illinois Whistleblower Act (“IWA”), 740 ILCS 174/1 et seq., took effect on January 1, 2025. The amended IWA broadens the scope of protected employee activity to include an employee’s internal report of (threat...more

DOL Returns to Prior Dual Jobs Regulation for Tipped Employees

In August 2024, we reported on the highly anticipated opinion in Restaurant Law Center v. U.S. Department of Labor, 115 F.4th 396 (5th Cir. 2024), in which the Fifth Circuit vacated the 2021 Dual Jobs Final Rule as arbitrary,...more

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