Category: Labor Law
Noncitizen Workers & Deferred Action for Labor Enforcement
In 2011, the Department of Labor (DOL), in conjunction with the Department of Homeland Security (DHS), issued a memorandum known as the “DHS-DOL Worksite Enforcement Memorandum of Understanding,” in order to address protections for undocumented workers. Updates and revisions to this memo have taken place periodically over time and, most recently, in 2023 when the
Labor & Workers’ Compensation Law Updates for 2024
P.A. 103-0282 (HB 1363) (Rep. Guzzardi, Sen. Villa) – GENDER VIOLENCE- EMPLOYER DUTY This new legislation provides that an employer is only liable for gender-related violence committed in the workplace (rather than the work environment) by an employee or agent of the employer when the gender-related, violent interaction arises out of and in the course
National Labor Relations Board Issues Modification to Proposed Rule
In late October, the National Labor Relations Board (NLRB) issued an explanation and justification for the modification of its rule regarding Joint Employer Status of employees of second entities. Within this explanation, the NLRD clarified three (3) major points including; (1) the definition of “essential terms and conditions of employment”, (2) the type of control
New Rules and Regulations Surrounding Employment of Domestic Workers in Illinois
On August 1, 2022, the Illinois Department of Labor (IDOL) adopted amendments that took immediate effect and impacted domestic workers, specifically those employed to complete tasks in individuals’ homes, as well as their employers. According to IDOL Director Jane Flanagan, the updated changes aim “to make domestic workers’ rights-on-the-job clearer and help domestic employers understand
Ban on Salary History Inquiries
Illinois employers may soon be prohibited from inquiring about the salary history of prospective job candidates during interviews. Two significant changes in the law drive this notion. First, the Illinois House of Representatives has overridden the Governor’s veto of legislation that would prohibit inquiries into job candidates’ salary histories, among other things. The bill is
Oral Agreements Regarding Bonuses Upheld
Let’s take a hypothetical scenario. You were promoted last year and have spent countless long days at the office since then orchestrating a multibillion dollar sale. You expect a handsome bonus as the head of this sale, consistent with what you understood your predecessors to have received. Finally, after just over a year of hard
The Importance of Compliance with the Davis- Beacon Act
Recently the 7th Circuit Court of Appeals upheld nine convictions against a subcontractor who had provided work on a state and federally funded highway project after it failed to comply with the Davis-Beach Act, (the “Act”). Clark Trucking and Excavation (“Clark”) was charged with knowingly making materially false statements on matters “within the jurisdiction of
White Collar Wage Wars
There has been an exponential boom in the amount of cases being filed against corporations. In 2006 and 2007, the likes of Citigroup, UPS, IBM, Sony, and Carnival Cruise Lines paid out over $260 million in settlements for unpaid overtime cases. While overtime lawsuits are not new, multi-million dollar settlements have been in the past
How Facebook Posts Are Protected Under The NLRA
THE DIGITAL WATER COOLER: HOW FACEBOOK POSTS ARE PROTECTED UNDER THE NLRA THE LAW: The National Labor Relations Act was created to protect the rights of employees. One such right was for employees to act together to address conditions at work. The common image is of employees standing around the water cooler, complaining about the