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Protecting Employers for Over 30 Years
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St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

July 2013 Archives

Unpaid Intern - The Next Growth of Wage Litigation?

Recently, there have been three (3) separate and distinct lawsuits filed in New York dealing with unpaid interns and a company's obligation to "pay them for their work" (Eric Glatt, et al. v. Fox Searchlight Pictures, Inc., et al.; Lauren Ballinger, et al. v. Conde Nast; Xuedan Wang, et al. v. Hearst Corp.). In all of these cases, interns are claiming that they are entitled to compensation from their employer because the employer "suffered and/or permitted the intern to work," and perform duties that were performed by "other regular employees" (i.e. doing office work; delivering documents to customers; reconciling purchase orders and invoices; etc.). In essence, the "interns" did not work in a "learning environment" but were merely "manual labor."

The United States Supreme Court Draws Bright Line Rule On Who Is A "Supervisor" In Your Organization!

On June 24, 2013, the United States Supreme Court in Vance v. Ball State University handed down a sweeping decision favorable to employers that limits who may be considered a "supervisor" under Title VII of the Civil Rights Act.

Chances Are Your Employee is Not Exempt From Overtime Pay - It's Time to Reanalyze the Administrative Exemption

With the Illinois Department of Labor and U.S. Department of Labor increasing their audits for 2013, it is time for your business to analyze your exempt employees. Time and time again, businesses fail to properly categorize certain employees, which can expose the business to potential liability. The following review is simply a summary of the administrative exemption. Every business should consult with an expert to analyze its specific situation. Under the Fair Labor Standards Act and the Illinois Minimum Wage Law, certain management employees can be exempt from both the minimum wage and overtime requirements, if the individuals make a certain salary and perform certain duties. Even though businesses feel that individuals' duties are essential and very important to the organization, they may not rise to the level required under the wage and hour laws.

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Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

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