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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 Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status

On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board’s...more

National Labor Relations Board Significantly Alters Union Election Process

On Aug. 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process. First, the NLRB...more

Every Scan Counts: Illinois Supreme Court Decides Claim Accrual Under BIPA

In a split decision, the Illinois Supreme Court recently clarified that a new claim accrues under Illinois’ Biometric Information and Privacy Act (BIPA) with each scan or transmission that violates BIPA. This long-awaited...more

Illinois Courts Begin Clarifying the Biometric Information Privacy Act

Earlier this year, McGuireWoods reported that, in 2021, Illinois courts are expected to decide several open issues related to the state’s Biometric Information Privacy Act (BIPA). Those opinions have recently begun to be...more

Proceeding With Biometric Caution: Illinois Courts to Decide Critical BIPA Issues

2021 is shaping up to be a groundbreaking year for employment litigation topics, and Illinois’ Biometric Information Privacy Act (BIPA) is no exception. State and federal appellate courts in Illinois are poised to decide...more

$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers

It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for...more

Labor Law 2016: A Year In Review

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Labor Law 2015: A Year In Review

National Labor Relations Board spends Most of 2015 With a Full Complement of Members; Down to Four at Year’s End. For about two-thirds of the year, the National Labor Relations Board operated with a full complement of...more

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