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Search OptionsLabor and EmploymentCan Indiana Employers Withhold or Claw Back Bonuses and Commissions?
Extra pay may entice employees to sign on, produce income, or continue employment. Perhaps the employer offers signing bonuses to attract the best and brightest. Maybe the company persuades key employees to endure a reorganization or other difficult times by offering a “stay bonus” or hedges its… DOL Final Rule on Regular Rate of Pay Goes into Effect January 15, 2020
On December 12, 2019, the Department of Labor (DOL) announced a final rule governing the regular rate of pay requirements under the Fair Labor Standards Act (FLSA). This is the first significant update relating to calculation of an employee’s regular rate in over fifty (50) years. The regular rate… Indiana Blue Pencil Doctrine is More of a Blue Pen Doctrine as it Permits Courts to Strike through but not Erase Unenforceable Provisions in Restrictive Covenants
Indiana employers striving for strong but enforceable competitive restraints on their employees have new guidance from the Indiana Supreme Court’s decision in: Heraeus Med., LLC v. Zimmer, Inc., No. 19S-PL-471, 2019 WL 6485087 (Ind. Dec. 3, 2019) Kolbe initially worked as a regional group director… Illinois Expands Equal Pay Act Provisions and Prohibits Employers from Asking Applicants' Wage and Salary History
Illinois enacted its Equal Pay Act in 2003 (the “Act”) to prohibit employers from engaging in discriminatory payment practices based on an employee’s sex or race. Amendments recently took effect on September 29, 2019, that (1) expand the scope of the equal pay provisions and (2) prohibit employers… Illinois Responds to the #MeToo Movement with New Sexual Harassment Legislation
In the wake of the #MeToo Movement, the Illinois legislature and Governor J.B. Pritzker have enacted new legislation to prevent sexual harassment and unlawful discrimination in the workplace. The legislation changes existing laws and enacts ones, imposing additional requirements and limitations for… Employers Gain By Noting Discipline Problems As They Occur
A recent decision of the Seventh Circuit Court of Appeals sensibly finds that an employer’s failure to address behavior problems immediately does not necessarily forfeit its right to count those “black marks” on the employee’s record when making employment decisions later. The court also confirms… FMLA Covers an Employee's Attendance for CSE/IEP School Meetings
On August 8, 2019, the Department of Labor (“DOL”) issued its opinion that the FMLA covers employees’ attendance at meetings to discuss the Individualized Education Program (IEP) of their children. Background. The employer denied a mother’s request to take intermittent FMLA leave to attend her… Seventh Circuit Weighs Whether Obesity Is A Disability Under The ADA
On June 12, 2019, the Seventh Circuit Court of Appeals determined that obesity qualifies as a disability under the Americans with Disabilities Act (ADA) only if it results from an underlying physiological disorder or condition. Background. In Richardson v. Chicago Transit Authority, 926 F.3d 881 (7… CITGO Petroleum Will Pay Applicant $162,500 to Settle EEOC ADA Discrimination Suit
On September 19, 2019, the Chicago District Office of the Equal Employment Opportunity Commission (EEOC) announced a settlement agreement with CITGO Petroleum Corporation’s Lemont, Ill., refinery, to resolve allegations that CITGO violated the Americans with Disabilities Act (ADA).[1] As a part of… A Flexible Interactive Process Decides the Appropriate Accommodation
The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits disability discrimination in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors. A recent case from the Seventh… DOL Issues Proposed New Overtime Rule
The U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking yesterday with respect to current overtime regulations. The status of the DOL’s overtime regulations has been in limbo since 2016, when a final rule was issued changing the salary requirements for the categories of employees… Status of New Overtime Regulation under the FLSA
After months of employers wondering what would happen to the new overtime rule that was to go into effect on December 1, 2016, but was halted through an injunction issued by a federal district court, we have some new insight. But first, some history. The anticipated overtime rule under the Fair… |
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