Federal Overtime Regulations May Change Soon

The U.S. Department of Labor recently released its proposed changes to federal overtime regulations. The new plan would allow employees making less than $35,308 a year to be automatically eligible for overtime pay. The employee would earn one and half times their regular pay for any time worked over 40 hours per week. The Department […]

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Do Employees Have a Right to Access Their Personnel Files in Illinois?

Under Illinois law, an employee’s right to review personnel records is governed by the Employment Labor Relations Personal Record Review Act. 820 ILCS 40/1 et. seq.  To help you understand your duties as an employer, Rock, Fusco & Connelly has provided the helpful chart below: Illinois Personnel Record Review Act 820 Ill. Comp. Stat. 40/0.01-40/13 […]

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Medical Marijuana in Schools

Governor Rauner has signed legislation that permits medical marijuana to be used in Illinois schools. House Bill 4870 allows a parent or a child’s guardian to administer medical marijuana to students at school. The parent/guardian must be registered with the Department of Public Health, and the legislation does not allow school personnel to administer the […]

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Terminated Employee Denied Bonus Moves Forward with Civil Rights Suit

A white manager who alleged he was denied a bonus because he fired a black subordinate employee had his civil rights suit greenlit last month in Illinois federal court. The manager and the employee had a tumultuous history together that included the employee previously being fired twice for missing work and failing to follow work […]

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Paid Sick Leave a Growing Trend

Running a business is becoming more expensive and complex for owners, and part of the problem is due to the growing number of state and local laws that mandate paid sick time. Despite these complications, more and more U.S. companies are actually offering paid sick leave to employees. In 2017, the U.S. Dept. of Labor […]

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Non-Compete Clauses: Worthless if Overly Broad

A recent federal case in Chicago highlights the importance of drafting specific non-compete clauses that fully comply with Illinois law (or the law of any applicable state).  In order to protect themselves, most business owners require their employees to sign non-compete clauses to prevent client-poaching by former employees. Unfortunately many of those clauses become worthless […]

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Supreme Court Ruling Deals Big Blow to Unions

Earlier this summer, the Supreme Court ruled that public workers do not have to pay union fees if they choose not to join the union, potentially poking a significant hole in the unions’ pockets. The 5-4 decision, which included a vote from recent appointee Justice Neil Gorsuch, reversed the legal precedent set in 1977 that […]

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Jimmy John’s Not Liable for Franchisee’s Alleged Wage Violations

Jimmy John’s was able to escape a federal wage violation lawsuit last month freaky fast, in a suit that was a win for franchisors.  The lawsuit alleged that Jimmy Johns was a joint employer of assistant mangers at Jimmy John’s franchises nationwide.  The assistant managers also claimed they should not have been classified as overtime-exempt […]

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Employees’ Privileged Communications Using Company’s Email Account Protected?

Are e-mails protected by attorney-client privilege when an employee communicates with their personal lawyer via their work-provided email address?  Until recently, the answer seemed to be no, they are not protected by privilege.  Attached to this rule however was the caveat that the company had to circulate a personnel policy explicitly warning that such communications […]

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Employers Hold the Power after Recent Supreme Court Decision

The U.S. Supreme Court’s recent 5-4 ruling in favor of an employer for its employment agreement that prevented class-action lawsuits but required individual arbitration instead, offers all employers shelter from future employee class-actions. This means that when a prospective employee signs their employment contract, they may be unable to bring an action in court and […]

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