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April 2019 Archives

EEOC Collection Of Employer Pay Data On Target For September

In 2016, under the Obama administration, the EEOC significantly revised its EEO-1 report to require that covered entities - private employers with 100 or more employees, or federal contractors with at least 50 employees - begin to report how much they pay workers, broken down between sex, race and ethnicity. The stated rationale for this change was to enable the EEOC to root out pay gaps presumed to exist between genders, races, and ethnic groups. Employers and eventually, the Trump administration, opposed the measure as being overly burdensome; however, those efforts were eventually unsuccessful in court. Therefore, barring further intervention from the courts it is no longer a question of whether employers must begin to provide payroll data to the federal government's EEOC, but when and how. These questions have now been answered, at least for now. On April 25th, a federal judge in Washington, D.C. ordered that covered employers have until September 30, 2019 to comply with the Equal Employment Opportunity Commission's (EEOC) revised EEO-1 reporting requirements.

Arbitration Agreements and Class Action Litigation

It has now become almost axiomatic that any given alleged violation of the Fair Labor Standards Act - calculation of the overtime rate, rounding procedures, travel time, exempt status, etc., can, and most certainly will, become the basis for a class action lawsuit, since a violation toward the one generally involves a violation toward the many (surely there is a Latin phrase for this).

Indiana Supreme Court Decides Driver Is An Independent Contractor

Applying the very strict "ABC test" defining independent contractor status under Indiana's unemployment insurance law, the Indiana Supreme Court ruled that a company (Q.D.-A.) did not misclassify its driver as an independent contractor. Q.D.-A. was found not to be the employer of the driver in question. Therefore, Q.D.-A. did not owe the Indiana Department of Workforce Development any back unemployment insurance taxes.

EEOC Charges At 12-Year Low

Workers filed 8,000 fewer charges in Fiscal Year 2018 (October 1, 2017 through September 30, 2018) when the EEOC took in 76,418 charges. This total is the lowest since Fiscal 2006 when the agency took in a little under 76,000 charges.

Key Changes to the Illinois Human Rights Act (Which Will Affect Employers)!

The Illinois Department of Human Rights ("IDHR") is the agency that administers the Illinois Human Rights Act ("IHRA"), the state law that outlaws discrimination, harassment and retaliation by most employers in Illinois. The IDHR's federal counterpart is the Equal Employment Opportunity Commission ("EEOC"), which administers the federal laws preventing the same type of violations.

Does Your Company Give Employees Personal Loans? Be Sure To Have Legal Wage Deduction Agreements!!

In Illinois, deductions from paychecks must be done very carefully. Illinois employers need to be aware of the tricky web of laws and regulations which often prevent the employer from simply deducting, unilaterally, from the employee's paycheck-even when the employer is merely paying the Company back for a loan taken out by the employee.

Can Illinois "Get It Right" For Business

As Employers with operations within the State of Illinois are keenly aware, the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) prohibits a business from collecting and/or capturing and/or otherwise obtaining a person's "Biometric Identifier" or "Biometric Information" unless it satisfies specific policy creation and notice and consent from the involved Employees to collect the information.

No Local "Right to Work"

As of Wednesday, April 3, 2019, the Illinois House gave final passage to a bill that has already cleared the Illinois Senate that would clearly establish that only State Government, not Local Government (i.e, city, village, municipality, etcetera), would have the exclusive authority to enact laws governing what are known as Union Security Agreements. These are Agreements between Employers and Unions that establish the extent to which workers can be compelled to belong to a Union and whether or not the Employer will collect dues and fees on behalf of the Union.

Alert: Pending Legislation in Illinois to Require Sexual Harassment Training of all Restaurant Employees

On February 15, 2019, a proposed bill was introduced in the Illinois House by State Representative Ann M. Williams. This legislation is called the Restaurant Anti-Harassment Act. As of March 29, 2019, this bill is pending before the Rules Committee.

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