News & Analysis as of

Employer Liability Issues Wage and Hour Compliance

Constangy, Brooks, Smith & Prophete, LLP

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back...more

McDermott Will & Emery

Risk Management in the Modern Era of Workplace Generative AI

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Spilman Thomas & Battle, PLLC

Being Clear with Your Employees’ Paychecks; Pay Transparency on the Rise

One trend we see continuing in 2025 is state and local laws requiring employers to be more transparent in how they pay their employees. These requirements come in two varieties. First, more states and cities are requiring...more

Goldberg Segalla

Third Circuit Affirms Home Health Care Aides Must Be Paid for Travel Between Clients

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Having to compensate employees for time spent not working can be counterintuitive, but under certain circumstances, it is an employer’s obligation. Recently, the Third Circuit Court of Appeals affirmed a District Court...more

Perkins Coie

Washington Supreme Court Denies Appeal of Meal Period Penalty Case

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In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of...more

Faegre Drinker Biddle & Reath LLP

New Quota Law Coming to Illinois Warehouse Distribution Centers in 2026

In recent years, Illinois has gone the way of states like California and New York by expanding workplace protections for employees. That trend was evident in 2024 with the passage of several laws that took effect on January...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Fox Rothschild LLP

What’s Old is New Again—Michigan Earned Sick Time Act Goes into Effect February 21, 2025

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In less than two weeks, the sick leave requirements in Michigan are changing. The state is reverting to the Earned Sick Time Act (ESTA), which was initially adopted in 2018 but was then subject to amendments and litigation. ...more

Fox Rothschild LLP

Employers Face Civil and Criminal Penalties for Immigration Violations

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Immigration enforcement has quickly become a pressing issue for employers in the first few weeks of the Trump administration, and many companies are re-evaluating their policies, reviewing their I-9 compliance and preparing...more

Jackson Lewis P.C.

Unlocking Ohio Pay Stub Transparency: New Requirements Employers Need to Know Before April 2025

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Beginning April 9, 2025, Ohio employers must produce detailed and accurate pay stubs under the new Pay Stub Protection Act (PSPA). Employers must provide employees with a statement, or access to a statement, of the...more

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

Roetzel & Andress on

The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Holland & Hart LLP

Supreme Court Clarifies Burden of Proof for Employers in FLSA Exemption Cases

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Employers facing lawsuits or government investigations under the federal Fair Labor Standards Act (FLSA) must demonstrate that certain employees are exempt from the law’s requirements for minimum wage and overtime pay....more

Nilan Johnson Lewis PA

Department of Labor: Managers Must Keep Their Fingers Out of the Tip Jar – Even When They Helped Earn the Tips

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The DOL Wage & Hour Division issued its first Opinion Letter of 2025 (FLSA2025-1) on January 14, 2025, stating that managers and supervisors, no matter their duties during a particular shift, cannot participate in employee...more

Bass, Berry & Sims PLC

Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions

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A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...more

Ius Laboris

South Korean Supreme Court Redefines ‘Ordinary Wages’

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On 19 December 2024, a unanimous South Korean Supreme Court partially overturned its 2013 ‘ordinary wage’ precedents, which may require many employers to revise their compensation practices....more

Bass, Berry & Sims PLC

Navigating 2025 Pay Transparency Laws: What Employers Need to Know Across States

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Massachusetts, Minnesota, New Jersey and Vermont have each enacted pay transparency laws which are effective in 2025 and Illinois amended its Equal Pay Act to include pay transparency requirements effective as of January 1,...more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

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The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more

Fox Rothschild LLP

Doing Business in California Guide Updated for 2025

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The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more

FordHarrison

New Illinois Employment Laws for 2025 and Beyond: What Every Employer Must Learn

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The Illinois Legislature was busy in 2024, passing a slew of new employment laws and amendments to existing laws, only one of which in any manner affirmatively helps employers. Below is a summary of the bills that were signed...more

Robinson & Cole LLP

Legal Update: Ring in the New Year with New York and New York City Employment Law Updates

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Lawmakers in the city and state of New York were busy in 2024 enacting various labor- and employment-related legislation that is already impacting the workplace....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Employers, Get Ready! Wide Range of Employment-Related Laws Will Take Effect January 1, 2025

New California employment laws are scheduled to take effect on January 1, 2025. These laws address a variety of issues, including the state minimum wage, discrimination protections, paid time off, and employers’ messages...more

Polsinelli

Understanding Proposition A’s Impact: Key Changes to Missouri's Minimum Wage and Paid Sick Leave

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In the 2024 election, Missouri voters approved Proposition A, a measure that raises the minimum wage beginning January 1, 2025, and introduces mandatory earned paid sick leave for most workers effective May 1, 2025....more

Goodell, DeVries, Leech & Dann, LLP

An Employer’s Step-by-Step Guide to Obtaining a Peace Order on Behalf of an Employee

In 2021, the Maryland General Assembly enacted the Workplace Violence Act, which allows an employer to address workplace violence by seeking a Peace Order on behalf of an employee. A Peace Order instructs an individual (the...more

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

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Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

K&L Gates LLP

Loopholes Laws Open for Business: Are You Ready for 26 August 2024?

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Yet more changes are ahead for employers as key elements of the Federal Labor Government's Fair Work Legislation Amendment (Closing the Loopholes No 2) Act 2024 (the Act) take effect on 26 August 2024....more

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