The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more
10/1/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour
In the unprecedented circumstances presented by the COVID-19 pandemic, employers contemplating bringing employees back to work are confronted with a world very different from the one that existed just over two months ago....more
The House of Representatives has passed a corrections bill for H.R. 6201, the Families First Coronavirus Response Act. The bill will now be considered by the Senate. Key provisions that have attracted significant attention...more
3/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Response ,
Employer Responsibilities ,
Family and Medical Leave Act (FMLA) ,
HDHPs ,
Paid Leave ,
Pending Legislation ,
Sick Leave ,
State of Emergency ,
Tax Credits ,
Unemployment Insurance ,
Wage and Hour
• The Chicago Fair Workweek Ordinance will affect Chicago employers across a wide reach of industries.
• The Ordinance will impose a burden on employers to plan and notify employees of their work schedules up to two weeks...more
• A recent amendment to the Illinois Equal Pay Act generally prohibits employers inquiring about a job applicant's compensation history.
• There are severe penalties for violations of the amendment.
• By Sept. 29, 2019,...more
• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees.
• The analysis turns on the economic reality of the relationship between the service provider...more
5/6/2019
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
• Three opinion letters from the U.S. Department of Labor (DOL) offer new insight into the agency's views on the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).
• Employers may not delay...more
• New Illinois Gov. J.B. Pritzker used his first day in office to sign an Executive Order that directs the Illinois Department of Labor to review and expedite pending wage claims and prohibits state agencies from asking for...more
1/17/2019
/ Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Governors ,
Hiring & Firing ,
Job Applicants ,
New Amendments ,
Prevailing Wages ,
Salary/Wage History ,
State Agencies ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
• An amendment to the Illinois Wage Payment and Collection Act mandates reimbursement of certain employee expenses.
• Development of a detailed expense reimbursement policy for Illinois employees is strongly advised....more
• In Troester v. Starbucks Corporation, the California Supreme Court on July 26, 2018, resoundingly rejected the de minimis doctrine commonly applied under the federal Fair Labor Standards Act (FLSA) to claims for unpaid...more
7/27/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
• The California Supreme Court's widely anticipated decision in Dynamex Operations West, Inc. v. Superior Court sets a new standard for determining employee versus independent contractor status for purposes of California Wage...more
5/2/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
IWC ,
Labor Code ,
Misclassification ,
Transportation Industry ,
Wage and Hour ,
Wage Orders
• In Encino Motorcars, LLC v. Hector Navarro, et al., the U.S. Supreme Court decided 5-4 that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA).
• The Court held...more
4/3/2018
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour
The Illinois Employee Sick Leave Act took effect on Jan. 1, 2017. The act generally requires that employers who provide sick leave allow employees to use up to one-half of their available annual accrual for the care of...more
On Nov. 22, 2016, a federal district judge in Texas enjoined the U.S. Department of Labor's (DOL) final rule increasing the minimum salary level threshold to qualify for an exemption from the overtime requirements of the Fair...more
The Cook County (Ill.) Board on Oct. 26, 2016, passed an increase to the county's minimum wage. The county's current minimum wage of $8.25 will increase to $10 per hour on July 1, 2017, then will rise to $11 on July 1, 2018,...more
Chicago has joined a growing list of states and cities that require employers to provide paid sick leave to their employees. The paid sick leave provisions were added as an amendment to the Chicago Minimum Wage Ordinance –...more
The U.S. Department of Labor (DOL) on May 18, 2016, released its rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees) under the Fair...more
On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL...more
Beginning July 1, 2015, Chicago's minimum wage will increase to $10.00 per hour. This is the first of a series of tiered minimum wage increases. The new minimum wage rate is $1.75 higher than the current Illinois minimum wage...more
Effective Jan. 1, 2015, employers in Illinois will have to follow new requirements in order to pay wages using payroll cards. The Illinois Wage Payment and Collection Act (IWPCA) currently provides for wage payment by check...more