Labor & Employment Law Update

As we wind down 2023, your company may be sharing with its employees either through business closing periods or end-of-the-year bonuses. Employers must be cognizant that these generous gestures may carry compliance obligations for the business.

BONUSES

Employers must be careful when paying out bonuses at the end of the year to non-exempt employees. As with other bonuses, a holiday bonus must be included in overtime calculations for nonexempt employees unless it is completely discretionary or is a gift. If a bonus is promised or expected or is dependent on the quality, quantity or ...

With the January 1, 2024, effective date of the Illinois Paid Leave for All Workers Act (IPLAWA) quickly approaching, employers need to ensure they are analyzing their existing paid leave policies to determine what changes need to be made before the end of 2023.

The Illinois Department of Labor (IDOL) has been providing more information regarding the “rules” for the IPLAWA. The IDOL has published additional guidance through FAQs --- which are not law, but should nonetheless be taken into consideration and reviewed carefully when finalizing paid leave policies for the purpose of ...

With the advent of the federal Corporate Transparency Act (“CTA”), which requires filings by most newly formed and smaller existing corporations, limited liability companies, limited partnerships, or other similar entities created by a filing with the Secretary of State or other similar office, businesses should be aware of the upcoming compliance changes going into effect on January 1, 2024.

Join corporate attorney Karen Tobin for a timely discussion on the changes to filing requirements going into effect at the beginning of 2024.

Early in the New Year we often see employees switching jobs, which can trigger disputes over restrictive covenants in their employment agreements. As 2023 draws to a close, here are some things to keep in mind to protect your company, its customers, and its information against unfair competition from departing employees:

Assume the worst.

We tend to assume people will comply with their contractual obligations. Employers should not assume a departing employee will comply with a restrictive covenant. Some employees forget they even have an employment agreement. Some think the ...

Facing a stubborn backlog and an influx of immigrants seeking refuge, United States Citizenship and Immigration Services (USCIS) proposed a rule featuring a new fee schedule in January 2023. The proposed fee schedule includes sharp increases in fees for H-1B visas, green cards, and naturalization.

USCIS has deferred the final ruling on the fees until early 2024. The steep increases are worthy of your attention now, by filing for your green card or naturalization before the fees rise.

Why Immigration Fees Are Rising

USCIS’s current fees went into effect on December 23, 2016. Fees ...

Certain states are prohibiting employers from entering into settlement agreements, while others have reduced family-leave insurance rates and prohibited employers from cooperating in any inquiry or investigation into an employee and abortion-related services. Read the full article to determine whether any of these laws apply to you.

CALIFORNIA

Under A.B. 352, employers are prohibited from disclosing certain information to any person, agency, or department from another state, if the disclosure would identify or is related to a person seeking or obtaining an abortion (or ...

On November 9, 2023, the Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance. Beginning on January 1, 2024, the new ordinance requires that all employers, with one or more employee, provide employees with 10 paid leave days. The new law is not only applicable to employers that are located in Chicago but also covers any employee that spends two or more hours performing work or traveling for work in the city.

Join Julie Proscia and Heather Bailey for a timely webcast on Wednesday, November 29 at 1PM CT, offering a clarifying look at the confusing new law and what ...

Happy holidays…Not really. On November 9, 2023, the Chicago City Council passed the Paid Leave and Paid Sick and Safe Leave Ordinance. The new ordinance creates a confusing set of requirements for employers to navigate. Beginning on January 1, 2024, the ordinance requires that all employers, with one or more employee, provide employees with 10 paid leave days. The new law is not only applicable to employers that are located in Chicago but also covers any employee that spends two or more hours performing work or traveling for work in the city. The traveling time must be compensable ...

The Wisconsin Fair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability and requires that employers reasonably accommodate an individual with a known disability. Of course, not all disabilities are “known” – they may not be obvious or observable to an employer and they may not be clearly disclosed by the employee. So when does the duty to accommodate on the part of the employer trigger? What of the employee who complains of physical ailments and requests an accommodation but does not submit documentation from his or her physician?

On September 29 the EEOC issued a press release declaring it filed “143 new employment discrimination lawsuits in fiscal year 2023, noting that is more than a 50% increase over fiscal year 2022 suit filings.” The release also emphasized that 25 of the cases were systemic prosecutions, more than double the number of such cases in the past 3 years.