Protecting Employers Since 1985

DOL Rolls Out Voluntary Self-Audit Program (PAID)

By Alan E. Seneczko / April 9, 2018

On April 3, 2018 the Department of Labor implemented a new pilot program, in effect for the next six months, under which employers may correct inadvertent minimum wage and overtime violations without the imposition of penalties or liquidated damages (employers must still pay 100% of any back wages owed). Under the new program – Payroll…

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Electronic Timekeeping – A Hidden Source of Liability

By Alan E. Seneczko / November 9, 2017

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…

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Wal-Mart Loss: Employee Drivers Must Be Paid For All Time Working

By Nancy E. Joerg / January 11, 2017

In the United States under both state and federal laws, trucking companies generally cannot pay their employee drivers for only “bill of lading hours.” Companies/employers must pay their employee drivers from the time the drivers report for duty until they are released from duty for the day-not just for “bill of lading hours.” JURY VERDICT…

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Village of Barrington “Opts Out” of Cook County Sick Leave

By Walter J. Liszka / December 27, 2016

As I am sure most, if not all, readers of this Illinois Client Update are aware, over the last few years both the City of Chicago and Cook County have been very active in creating legislation increasing the obligations of Employers with regard to Hourly Wage Rates and Sick Leave. Both the City of Chicago…

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DOL Remains in the Spotlight, Settling Wage and Hour Claims Brought by Its Own Employees and Fighting Opposition to its Controversial New Overtime Rule

By James B. Sherman / September 30, 2016

September 2016 The Department of Labor recently paid $7 million to settle claims that it failed to pay DOL employees overtime for time they were “suffered or permitted to work,” dating back to 2006. The DOL is the government agency that enforces the FLSA’s requirements that employers pay minimum wage and overtime based on “hours…

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Employee Wage Deductions

By Walter J. Liszka / November 19, 2014

In a rare and somewhat unexpected action, the Illinois Department of Labor, which is not perceived as an “employer-friendly agency,” recently amended the requirements that are imposed on employers when making deductions from employee wages. Under the prior requirements of the Illinois Wage Payment and Collection Act, there were extremely limited circumstances under which unilateral…

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Avoid Paying Excessive Plaintiff Legal Fees

By Walter J. Liszka / July 20, 2014

Over the last five (5) years, there has been a drastic increase in the number of lawsuits filed alleging violation of the Fair Labor Standards Act (FLSA) in an attempt to procure back wages and liquidated damages for affected employees. A vast number of these lawsuits have turned into large class action litigations. Any employer…

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Payment Cards as Wage Payment (?)

By Walter J. Liszka / June 26, 2014

The brilliant Illinois legislature has recently recognized payroll cards as an approved method of wage payment in the State of Illinois. This measure has passed the House (House Bill 5622) after receiving prior approval from the Senate and now awaits Governor Pat Quinn’s signature. The author believes that this group is the reincarnation of Nero…

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Who Is That Knocking On My Door???

By Walter J. Liszka / December 5, 2013

For those of us over 50, “Who’s that knocking on my door?” reminds us of the three little pigs and the wolf who would huff and puff and blow your house down. Unfortunately, the child-like tale of the three little pigs and the wolf has had a difficult time transferring to the Internet, but is…

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Unpaid Intern – The Next Growth of Wage Litigation?

By Walter J. Liszka / July 28, 2013

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…

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