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DOL Issues Final FLSA Independent Contractor Rule, Returns to Six-Factor Economic Reality Test

The U.S. Department of Labor published a final rule Jan. 9, 2024, on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). The rule...more

What Employers Should Know About Chicago’s New Paid Leave and Paid Sick and Safe Leave Ordinance

On Nov. 9, 2023, the Chicago City Council passed the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, effective Dec. 31, 2023. The new ordinance substantially changes prior leave requirements for nearly all...more

Illinois and Hawaii Require Employers to Disclose Pay Scales in Job Postings

Illinois and Hawaii will join several states — including New York, California, Washington and Colorado — in requiring increased pay transparency in job postings. These changes will further affect how employers recruit and...more

Illinois Passes Paid Leave for ‘Any Reason’

On March 13, 2023, Illinois Gov. J. B. Pritzker signed into law the Paid Leave for All Workers Act (the Act), the first statewide paid leave law in Illinois. The law expands paid leave beyond Cook County and Chicago’s paid...more

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

On June 26, 2020, the U.S. Department of Labor issued a series of opinion letters addressing myriad unrelated wage and hour issues, including: (1) the outside sales exemption; (2) the retail or service establishment...more

Illinois Ban on Employers’ Inquiry or Consideration of Salary History Takes Effect

Recent amendments to the Illinois Equal Pay Act became effective Sept. 29, 2019. Illinois employers are now prohibited from seeking or inquiring about a job applicant’s wage or salary history with any current or former...more

8th Circuit: Employer Bound by Promise to Pay Performance Bonus to At-Will Employees

Employers who implement bonus programs to attract and retain key employees may be bound to the terms of those programs, the 8th U.S. Circuit Court of Appeals recently held. In Boswell v. Panera, LLC, the court affirmed that...more

Court Strikes Down Obama Administration Overtime Rule

On Aug. 31, 2017, a federal court in Texas struck down the Obama-era Department of Labor rule that would have significantly expanded overtime eligibility by more than doubling the salary threshold under the Fair Labor...more

The Perils of Calculating Regular Rate of Pay

Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5 for each hour worked over 40 in a workweek. Right? If only overtime...more

NCAA Athletes Aren’t Employees — Or Are They?

Several recent legal efforts have attempted to provide student-athletes with a piece of the financial pie resulting from events like Monday’s national championship game, which reportedly netted the NCAA around $470 million in...more

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