Category Archives: Employment

Seventh Circuit: Class and Collective Action Waivers in Employment Arbitration Agreements Unenforceable

The Seventh Circuit Court of Appeals recently ruled that provisions in employment agreements requiring individual arbitration of wage and hour disputes are unlawful under the National Labor Relations Act (“NLRA”). The court found that such provisions violate employees’ right to … Continue reading

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Illinois and Chicago Employment Law Update: Minimum Wage, Paid Sick Leave and Employee Retirement Accounts

Three important employment law changes in the City of Chicago and the State of Illinois may affect your business. Chicago Minimum Wage Ordinance On July 1, 2016, the City of Chicago’s minimum wage increased by 50 cents per hour, to … Continue reading

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Defend Trade Secrets Act Creates Federal Jurisdiction Over Misappropriation Claims

Congress recently passed the Defend Trade Secrets Act (“DTSA”), vesting federal courts with the power to hear trade secret theft disputes and act immediately to resolve them. The DTSA took effect May 12, 2016, and further empowers American innovators to … Continue reading

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New Federal Overtime Rule Takes Effect December 1, 2016

The U.S. Department of Labor recently finalized a rule (the “Final Rule”) to update the federal white collar overtime exemptions.  The Final Rule, which takes effect on December 1, 2016, doubles the salary threshold—from $23,660 to $47,476 per year, or … Continue reading

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Your Managers May Not Be Exempt Under the DOL’s Proposed Overtime Rules

Business owners and franchisees, you might need to start paying your managers overtime.  The Department of Labor (DOL) is updating the overtime rules for the so-called “white collar” exemption that excludes certain executive, administrative, and professional employees from the FLSA … Continue reading

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Limiting Employee Hours to Avoid the Affordable Care Act May Violate ERISA

Under the Affordable Care Act (ACA), employers with 50 full-time equivalent employees (those working 30+ hours per week) must offer at least minimal healthcare to employees and their dependents.  Employers, including many franchised businesses, may attempt to avoid this requirement … Continue reading

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Every Employer’s Best Friend: The Employee Handbook

It’s a new year, and there’s no better time to create an employee handbook or update your existing one. A well-drafted employee handbook effectively communicates workplace expectations, policies and procedures to employees. When management follows its written policies and procedures, they … Continue reading

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Amendments to the Illinois Unemployment Insurance Act Make It Easier to Contest an Unemployment Compensation Claim

New amendments to the Illinois Unemployment Insurance Act that make it easier for employers to contest a claim for unemployment compensation went into effect on January 3, 2016. Under the Act, an employee may be denied unemployment benefits if he … Continue reading

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Review This Before Terminating an Employee

Terminating an employee is never pleasant, especially if you’re worried about a potential lawsuit. Be sure to review this checklist to best avoid unnecessary litigation and to help ensure you are prepared to defend against a claim for unlawful termination … Continue reading

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Withholding or Reducing Discretionary Bonuses May Lead to Discrimination Claims

In October 2015, the Second Circuit Court of Appeals ruled that an employer’s reduction of an employee’s discretionary bonus constitutes an adverse employment action and may support an employee’s discrimination claim. Davis v. New York City Dep’t of Educ., 2015 … Continue reading

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