Illinois’ Aims to Silence Employers --- Banning of Mandatory Captive Audience Meetings
SmithAmundsen | Labor and Employment Law
by Jeffrey A. Risch
4d ago
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 na ..read more
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8 Things You Need to Know About Getting a US Visa
SmithAmundsen | Labor and Employment Law
by Jacqueline Lentini McCullough
4d ago
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 ..read more
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REGISTER NOW – Managing New Legal Mandates for Multi-State Employers – Webcast on June 11
SmithAmundsen | Labor and Employment Law
by Alice A. Lin, Karen A. Tobin, Sara Zorich
1w ago
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 ..read more
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BIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan Damages
SmithAmundsen | Labor and Employment Law
by Molly A. Arranz, Michael M. Chang
2w ago
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 ..read more
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CMS’s Final Minimum Staffing Standard for Nursing Homes to Go into Effect on June 21
SmithAmundsen | Labor and Employment Law
by Suzannah Wilson Overholt
2w ago
On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) finalized minimum staffing requirements for nursing homes that participate in Medicare and Medicaid. As we noted previously, the rule was announced on September 1, 2023 and was open for public comment until November 6, 2023. The rule was officially published on May 10, 2024. Although the rule becomes effective on June 21, 2024, implementation is phased in over the next five years.  ..read more
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California’s Supreme Court Makes It Harder For Employees to Recover Penalties In Wage Statement Claims
SmithAmundsen | Labor and Employment Law
by Kevin Kleine
2w ago
On May 6, 2024, California’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it reasonably and in good faith believed it was providing a complete and accurate wage statement in compliance with the requirements of Cal. Lab. Code § 226(a ..read more
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Proper Pronouns, Bathrooms & Misgendering: What HR Needs to Know
SmithAmundsen | Labor and Employment Law
by Marissa R. Borschke, Kevin Kleine
3w ago
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance on Harassment in the Workplace, which goes into effect immediately. For the past five years, over one-third of the charges of employment discrimination received by the EEOC included an allegation of unlawful harassment based on race, sex, disability, or another statutorily protected characteristic. Employers need to be aware of the EEOC’s new enforcement guidance because it expands the scope of conduct that constitutes unlawful “harassment” in the workplace which violates Title VII of the ..read more
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State and Local Employment Law Update – Family Leave, Fair Labor Standards Act, Religious Accommodations and More
SmithAmundsen | Labor and Employment Law
by Sara M. Rose
3w ago
In the latest round of state employment law updates family leave and religious accommodations are in the spotlight. We also highlight wage and hour laws relating to compensable time. Read the full article to see if any of these updates apply to you ..read more
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State Bans of On-The-Clock “Captive Audience Speeches” Restrict Employers’ First Amendment Rights
SmithAmundsen | Labor and Employment Law
by Kevin Kleine
1M ago
Captive audience meetings are on-the-clock meetings (employee attendance is often mandatory) where employers express an opinion on "religious or political matters” – including whether or not employees should join or support any labor organization ..read more
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Increases to Exempt Salary Requirements are Coming – Get Ready!!
SmithAmundsen | Labor and Employment Law
by Kevin Kleine, Sara Zorich
1M ago
On April 23, 2024, the United States Department of Labor (DOL) announced its final rule, amending the minimum salary levels necessary for employees to be considered exempt from the overtime requirements under the Fair Labor Standards Act (FLSA) “White Collar” (executive, administrative, and professional) exemptions. The final rule is set to  take effect on July 1, 2024 ..read more
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