Author Archives: mboxerman

Independent Contractors or Employees?: An Über Question

In an advice memo released on May 14th, theNational Labor Relations Board (NLRB) concluded that Uber drivers are independent contractors, not employees. This classification means that under federal labor laws, Uber drivers will be virtually unable to unionize, participate in workplace … Continue reading

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Time’s Up for Sexual Harassment in the Restaurant Industry

The Time’s Up Legal Defense Fund (Defense Fund), known for providing legal assistance to victims of sexual misconduct, recently started targeting McDonald’s restaurants to pursue sexual harassment claims. On May 21, 2019, the Defense Fund, the American Civil Liberties Union, … Continue reading

Posted in Anti-Harassment, Franchisee, Franchisor, MeToo, Restaurant, Sexual Harassment, Time's Up | Tagged , , , , , , , | Leave a comment

#MeToo: Proposed Illinois Law Would Require Restaurant Employee Anti-Harassment Training

On February 15, 2019, Representative Ann M. Williams (D) introduced House Bill 3351, the Restaurant Anti-Harassment Act (the “Bill”). If it is enacted, the Bill would require all restaurants operating in Illinois to have a written sexual harassment training policy … Continue reading

Posted in Anti-Harassment, Business and Corporate, Employee Handbook, Restaurant, Sexual Harassment | Tagged , , , | Leave a comment

Minimum Wage Changes in Illinois

In February, Governor JB Pritzker signed a piece of legislation that will set Illinois on track to reach a statewide minimum wage of $15.00 by 2025. To mitigate the effect this change has on small employers, the law allows employers … Continue reading

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New Year, New and Amended Employment Laws

Over the past year, the Illinois General Assembly and Chicago City Council have enacted or modified several laws and ordinances that affect employers. Sifting through the specific legal language can be tricky, so we’ve summarized the most important changes that are relevant to employers. … Continue reading

Posted in Business and Corporate, Employment, Restaurant | Leave a comment

Recent Illinois Supreme Court Ruling Opens Floodgates to Biometric Information Litigation

In a prior blog post, we advised employers about a once little-known Illinois law, the Biometric Information Privacy Act (BIPA). The BIPA imposes numerous restrictions on how private entities collect, retain, disclose, and destroy biometric identifiers such as fingerprints, voiceprints, … Continue reading

Posted in Biometrics, BIPA, Business and Corporate, Class Action | Leave a comment

Five Tips for Selecting the Right Franchise Attorney

Michael Boxerman was quoted in a recent article discussing what to look for when selecting a franchise attorney.  Read what he has to say at 1851franchise.com.

Posted in Franchisee, Franchisor, Uncategorized | Leave a comment

Trump Administration Proposes Rollback of Obama-era Tip-Pooling Regulations

The Department of Labor (DOL) has proposed changes to the Fair Labor Standards Act’s (FLSA) tip pooling regulations. The proposed changes would roll back the Obama administration’s 2011 regulations that prohibited employers from distributing tips to anyone other than front-of-the-house … Continue reading

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Employers: Give Your Employee Handbook A New Year’s Check-Up

The National Labor Relations Board (NLRB) is scrutinizing employee handbooks that violate the National Labor Relations Act (NLRA), the law that protects an employees’ collective bargaining and organizing rights. The NLRB looks for workplace rules that restrict—or could be construed … Continue reading

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NLRB Reinstates Prior Joint-Employer Standard

On December 14, 2017, in a 3-2 decision, that could allay fears of franchisors being joint employers of their franchisees, the National Labor Relations Board overruled the Board’s 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”), and returned to … Continue reading

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