Author: Illinois Employment Law Letter

Paid sick leave laws for Chicago-area workers take effect July 1

by Steven L. Brenneman Most employers in Chicago and Cook County will be required to offer paid sick leave beginning July 1. The city of Chicago passed a sick leave ordinance last summer, and Cook County (where Chicago is located) passed a nearly identical law in October. The ordinances apply to all businesses that are […]

Clean slate: Purchaser not bound by poor WCB record of company it acquired

by Hannah Roskey When contemplating acquiring the assets of a company in Canada, the purchaser will engage in extensive due diligence to ensure it is making a sound investment. These searches almost always include inquiries with the Workers’ Compensation Board (WCB) in the relevant province. A poor result, with outstanding claims and high premiums, might […]

Workers and grief: What HR needs to consider when employees suffer loss

Knowing what to do when someone suffers the loss of a loved one isn’t easy, especially in the workplace, where some people are open about personal relationships and others strive for separation between their work and personal lives. But no matter an employee’s thinking, certain situations—particularly a death in the family—make explanations at work necessary. […]

FLSA

5 common myths about the FLSA

The Fair Labor Standards Act (FLSA) is a federal law that imposes minimum wage, overtime, record-keeping, and child labor requirements. Although the U.S. Department of Labor (DOL) enforces the FLSA, employees may file their own lawsuits under the Act. A lawsuit may be an individual action or a collective action, which is similar to a […]

Avoid singing the blues: how employers can mitigate wage/hour liability

In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent lawsuits involved famous singers. First, Lady Gaga had a lawsuit brought against her by her former personal assistant, Jennifer […]

‘Snowflake’ test: Legitimate hiring tactic or invitation for trouble?

Anyone tasked with wading through stacks of resumes and talking to applicants lined up for interviews understands how frustrating and time-consuming hiring can be. It’s understandable that people in charge of hiring crave out-of-the-box solutions. But how far should employers go in their efforts to weed out applicants who clearly won’t be a good fit? […]

CBO says revised AHCA not much of an improvement over prior version

The saga of the American Health Care Act (AHCA), the Republican plan to repeal and replace key portions of the Affordable Care Act (ACA), has been a long and winding one so far. To recap: The original version of the AHCA was introduced in early March. After receiving lukewarm support and a discouraging report from […]

How to prepare for heightened immigration enforcement

by Elaine C. Young The employment-based immigration bar is bracing for heightened worksite enforcement from the Trump administration. To be sure, U.S. Immigration and Customs Enforcement (ICE) engaged in plenty of worksite enforcement during the Obama years. But the sentiment among the immigration bar, as we review updated policy memoranda and attend conferences at which […]

FMLA

Howard Stern’s day off : the danger of digging for details when employees call in sick

Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence.  Although Stern’s absence was initially attributed to a “personal day,” many fans speculated that Stern’s sick father was the real reason he missed […]

Life after certification applications: Lawful outsourcing and scope of bargaining units

by Karine Fournier and Valérie Gareau-Dalpé Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention. The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is […]