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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
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

Fair Labor Standards Act (FLSA) Archives

Electronic Timekeeping - A Hidden Source of Liability

Your company utilizes electronic timekeeping software, whether purchased for internal use or provided by a third party payroll service. The system is operating, so it must be doing so legally, right? Not necessarily. On several recent occasions I discovered, much to the dismay of my clients, that the timekeeping system they have been utilizing for years was setup in a manner that violates state and federal wage and hours laws - often discovered, unfortunately and expensively, in connection with a Department of Labor audit or other legal action.

New Protections for Domestic Workers Equal New Litigation Opportunities

A new law in Illinois, billed as the Domestic Workers' Bill of Rights Act (the "Act"), will apply several federal and state laws to previously unprotected domestic workers. The law, which will go into effect January 1, 2017, grants nannies, housekeepers, home healthcare workers, and chauffeurs new employment protections and affords new avenues for claims to be made against their employers. Employers of domestic workers are often single households or families who hire help for their children and housecleaning, and who are ill equipped to handle employment litigation compared to the average business.

FLSA White-Collar Exemption Rule - Effective December 1, 2016

As every Employer is aware, there has been a flurry of activity to forestall the implementation of the United States Department of Labor's new Fair Labor Standards Act White-Collar Exemption Regulations that were scheduled to take effect on Thursday, December 1, 2016. There have been two (2) separate Lawsuits filed in the Texas Federal Courts seeking to block these Regulations. As the date of this article, the Court has withheld Temporary Injunction status, so the chances of the December 1, 2016 date being forestalled because of Court action is fairly nonexistent.

FLSA Joint Employer Liability Now Affecting Even More Businesses

The Department of Labor is expanding the applicability of joint employment to apply "expansively" even beyond traditional definitions and interpretations of who or what is a joint employer. The DOL states that this interpretation is an attempt to keep up with the increasing popularity of non-traditional employment relationships such as the use of staffing agencies and independent contractors and the declining use of "traditional" employment relationships. Employers must evaluate their potential status as joint employers to avoid potential liability. Under the FLSA, if an employee is jointly employed by two or more employers, all the employee's weekly hours worked for every joint employer must be considered when computing minimum wage and overtime pay. Further, each and every joint employer of an employee is jointly and severally liable for any violations of the FLSA (meaning one employer, usually the one with the "deepest pockets", may be forced to pay an entire judgment or award though other employers were also at fault for the violations).

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Phone: 630-377-1554
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Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

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