SmithAmundsen | Labor and Employment Law
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Welcome to the Labor and Employment Law Update where attorneys from SmithAmundsen blog about management side labor and employment issues. They cover topics including addressing harassment and discrimination in the workplace, developing labor law, navigating through ADA(AA), FMLA and workers compensation issues, avoiding wage and hour landmines, key legislative, case law and regulatory changes.
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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
SmithAmundsen | Labor and Employment Law
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