Protecting Employers Since 1985

US Department of Labor’s Final Rule on Independent Contractor vs Employee is Ready to Set New Standards

By Anthony J. Caruso Jr. / February 1, 2024

On January 10, 2024, the US Department of Labor (DOL) published the Final Rule (standards) for assessing whether a worker is an independent contract or employee in the Federal Register. The Final Rule is scheduled to take effect on March 11, 2024 The Final Rule is a six factor Economic Reality Test: The above factors…

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Music as Harassment – Will the Real Slim Shady please … sit down?

By Alan E. Seneczko / January 31, 2024

Have you ever wondered whether some hip-hop music, with its misogynistic, sexually graphic lyrics and frequent use of the “n-word,” could form the basis of a harassment claim if played in the workplace? If so, you now have an answer. In Sharp v. Activewear, L.L.C., 69 F.4th 974 (9th Cir. 2023), the Ninth Circuit addressed…

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DEI DONE RIGHT – EASIER SAID THAN DONE

By James B. Sherman / January 30, 2024

Promoting diversity, equity, and inclusion, or DEI in the workplace seems a worthy goal for any employer. After all it is the ethical thing to do, right? And if DEI is ethical, you might think it would be simple enough for any ethical business to implement. Just do the right thing by people, right?  But…

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Three New Year’s Resolutions For Employers In 2024

By James B. Sherman / January 2, 2024

The beginning of a new year is a time of reflection and resolve for positive change. Resolutions for self-improvement on health, relationships, and other personal goals abound. Some will fail to materialize. Many will be short-lived. However, in the business world changes are often imposed by law and cannot so easily be ignored. Here are…

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Employee Handbook Review – Five Clauses to Avoid at All Costs

By Alan E. Seneczko / December 30, 2023

As the calendar flips to January, many companies take the opportunity to review and fine tune their employee handbooks. Having reviewed (and litigated) countless handbooks over the years, I have come upon a number of provisions that generally create more problems than they purport to solve and should be avoided at all costs. Here are…

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Update – New Employment Laws for Illinois in 2024

By Anthony J. Caruso Jr. / December 29, 2023

The Illinois Paid Leave for All Workers Act takes effect January 1,2024. The Waiting Period of 90 days before workers can take paid leave ends on March 31, 2024. The notice of the law required to be posted by employers is provided by the Illinois Department and is available on their website. The City of…

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Illinois’s One Day Rest in Seven Act and Meal Breaks: What to Do When Employees Work Beyond their Scheduled Hours?

By John D. Simmons / December 22, 2023

On January 1, 2023, Illinois amended Its One Day Rest in Seven Act, or ODRISA, to increase worker protections both in work scheduling, and by updating required meal periods for employees who work a certain number of hours in a given day. You are no doubt aware that Section 3 of ODRISA requires that employees…

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NLRB Joint-Employer Standard-2023 Final Rule

By Joseph H. Laverty / December 5, 2023

On October 27, 2023, the National Labor Relations Board, (NLRB), published a final rule addressing the standard for determining joint-employer status. The final rule establishes that, under the National Labor Relations Act (NLRA), two or more entities may be considered joint employers of a group of employees if each entity has an employment relationship with…

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It’s Complicated/It’s Expensive: New City of Chicago Paid Leave and Sick Leave Ordinance

By Anthony J. Caruso Jr. / December 1, 2023

On November 9, 2023, the City of Chicago enacted the new Paid Leave and Sick Leave Ordinance to take effect on December 31, 2023. What Employers are covered under the new law? Any employer with at least one employee, except employers under a collective  bargaining agreement on or before January 1, 2024. However, this exception…

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Minnesota Employers Must Post Notices Of New Sick And Safe Time Law, By January 1, 2024

By James B. Sherman / December 1, 2023

Minnesota’s new “Sick and Safe Time” law goes into effect as of January 1, 2024.  In general, the law requires employers to accrue a minimum of 1 hour of paid leave for every 30 hours worked by eligible employees (those who work at least 80 hours in a year), up to a maximum of 48…

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