Labor & Employment Law Update

A federal judge in Texas denied a private company’s request to halt the U.S. Department of Labor’s FIRST PHASE of its new FLSA salary level rule. As you recall, the first phase of the new rule went into effect on July 1, 2024.

The court’s ruling means that the salary level for white-collar FLSA exempt employees must be paid a minimum annualized salary of $43,888 (up from $35,568). That number is then scheduled to go up to $58,656 on January 1, 2025. Raises in the minimum salary threshold will be automatic in subsequent years.

The court denied the company’s injunction request because ...

Earlier today, the Supreme Court issued a highly anticipated ruling that will strip federal administrative agencies of a significant amount of power. In brief, the Supreme Court’s Loper Bright Enters. v. Raimondo decision eliminates the longstanding “Chevron deference” rule which required courts to defer to an administrative agency’s interpretation of otherwise ambiguous statutes, provided that the interpretation is “reasonable.”

Several States and major U.S. Cities, including California, New York City and Seattle, have passed laws aimed at  classifying “gig workers” as employees as opposed to independent contractors in recent years.  Challenges to these laws are spreading, but finding no sympathy with courts thus far.

In our latest blog we’re providing the most recent updates to employment posters by state. Check out the links to determine which notices apply to you.

On January 1, 2024, we saw the Illinois minimum wage increase from $13.00 to $14.00.  The City of Chicago and Cook County are also increasing their minimum wages on July 1, 2024.

The latest round of labor and employment law updates includes several changes impacting employers in jurisdictions across the nation. Here are the summaries of these changes.

On May 26, 2024, the Illinois Legislature passed Senate Bill 3649 – titled the “Worker Freedom of Speech Act.” The legislation prohibits virtually all Illinois employers from discharging or disciplining any employee, or from threatening to take such actions against any employee, who refuses to attend meetings related to unions (aka “the Captive Audience Meeting”). In short, employers cannot require or give the impression to anyone that they are compelling workers to attend meetings that touch on labor unions. While the restrictions cover anything “political” or “religious” in nature (and union issues fall under “political”), the true intent is to shut up employers while union representatives are already legally allowed to say just about everything and anything to dupe the worker into “signing up” with a labor union. To be more clear, the legislation specifically aims to prevent employers from educating employees on the pros and cons of union membership in general or in a particular union or labor organization. Once signed by the governor (he’ll sign it), it will become effective.

With the summer travel season around the corner, we are fielding many travel and visa application questions. Here are answers to your most frequently asked questions.

Join Sara Zorich, Karen Tobin and Alice Lin on June 11 at 10 AM as they discuss certain employment, corporate and tax considerations employers need to know about in order to effectively manage workers in multiple locations without exposing themselves to liability.

The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the troubling trend of litigants seeking per-scan damages under BIPA, where a handful of enterprising attorneys have, and continue to file, single-plaintiff cases seeking damages on a per-scan basis that exceed six-figures for a single individual.