The recent Annual Public Justice Gala in Nashville, Tennessee, was a gathering of significant importance, featuring distinguished guests and meaningful conversations. The event served as an opportunity to celebrate those working for justice and bring together advocates to continue this meaningful work.
Among the attendees were attorneys Kathleen Chavez and Elizabeth Chavez, who had the privilege of sharing a table with Rep. Gloria Johnson. Rep. Johnson, known for her role as one of the ‘Tennessee Three,’ is currently a candidate for the U.S. Senate. This event highlighted the ongoing efforts of individuals and organizations dedicated to justice and equity.
Spotlight
Continue Reading A notable evening at the Public Justice Gala in Nashville
Illinois Employment Law Update
Illinois recently passed a number of laws that will significantly impact Illinois employers and require employer policies and employee handbooks to be updated and revised. Read about them in our latest blog post.
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I’m Quoted in Construction Dive Article on Wage & Fee Theft in Construction
Thanks to Construction Dive Editor Zachary Phillips for quoting me in his 8/27/24 article How Contractors Can Guard Against Wage Theft on Their Jobsites.
The post I’m Quoted in Construction Dive Article on Wage & Fee Theft in Construction appeared first on Charles A. Krugel.
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Did You Know that Asthma Might Not be a Disability? I Didn’t Either Until Now
Did you know that asthma might not be a disability? How is that even possible? After all, asthma is certainly a physical impairment that limits breathing and the immune system. Even so, the Sixth Circuit in Andrews v. Tri-Star Sports and Entertainment Group, Inc., here, on August 21, 2024, said that a plaintiff’s asthma was not a disability under the ADA. How did they get there? There was also a dissenting opinion worth discussing as well. As usual, the blog entry is divided into categories and they are: facts; majority opinion’s reasoning that Andrews forfeited certain arguments; majority opinion’s
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Illinois Amends BIPA To Limit Violations And Recovery Under The Act
On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers to obtain a written release from employees before collecting their biometric identifiers and biometric information. The potential ramifications for failing to comply with BIPA were extensive for employers: either $1,000.00 for negligent violations of the Act, $5,000.00 for intentional or reckless violations of the Act, or the amount of the actual damages, whichever is greater.
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5th Circuit Strikes Down 2021 Tip Rule
On August 23, 2024, the Fifth Circuit Court of Appeals struck down a 2021 regulation by the U.S. Department of Labor restricting employers’ use of the tip credit for tipped employees under the Fair Labor Standards Act. The ruling effectively does away with the DOL’s longstanding “80-20” rule.
The case is Restaurant Law Center, v. U.S. Dept. of Labor, 5th Cir., No. 23-50562, August 23, 2024.
Background
The Fair Labor Standards Act requires employers to pay employees a specified minimum wage, currently $7.25 per hour for most employees. However, under FLSA Section 3(m), employers are allowed to count up
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Register Now! Amundsen Davis's Tenth Annual Labor & Employment Fall Seminar; September 4 @ Noon CT
Join us Wednesday, September 4 for our Tenth Annual Labor & Employment Fall Seminar in our Chicago office. Please note that there is limited seating available, but the event will also be livestreamed. Our attorneys will discuss the latest employment law updates, labor law developments, issues related to employee benefits and more. Registration and lunch will take place immediately before the program at 11 AM CT, with the program to follow from 12 PM – 4 PM CT. Key HR Trends and Latest Legal Developments Impacting All Employers Join Ryan Young and Maggie Miles as they highlight the …
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Seminar; September 4 @ Noon CT
Join Us For Our 4th Do It NOW! Webinar: Illinois Equal Pay Act
It’s time to get off the hammock! Summer is ending and Illinois business owners and HR Pros should get ready to learn what to do NOW about the new Illinois Equal Pay Act heading our way,
Join us August 28 at 12:00 p.m. CT for this month’s Do It Now! webinar to get ready NOW for new pay transparency rules.
Register here!
Why join us? The time is NOW! In just 4 months – January 2025 – the rules go into effect.
We’ll cover what you need to do NOW to comply with the new pay transparency rules. We’ll also
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ILLINOIS EMPLOYER ALERT: Illinois Notably Amends the Human Rights Act and Personnel Records Review Act in Employees’ Favor
Illinois continues to change the landscape for employers, allowing employees more leeway when it comes to the Illinois Human Rights Act (IHRA) and Illinois Personnel Records Review Act (IPRRA).
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Personnel Records Review Act in Employees’ Favor
There Can Be a Fine Line Between Medical Malpractice and Disability Discrimination
Before getting started on the blog entry of the day, I am currently reading Over Ruled by Justice Gorsuch and Janie Nitze. My passion for constitutional law and legal theory started in college when I took those two separate classes from Professor Rumble while majoring in political science at Vassar College. Now, I enjoy reading books like that to get a sense of what a jurist’s philosophy might be. Justice Gorsuch, regardless of whether you agree with him or not, is a fabulous writer and very enjoyable to read. One thing is clear from reading the book is that it
Continue Reading There Can Be a Fine Line Between Medical Malpractice and Disability Discrimination
Federal Judge Blocks FTC Non-Compete Ban
Following a split between federal district courts (federal judges in Texas and Florida ruled to temporarily block the Federal Trade Commission’s ban while a Pennsylvania court upheld it), a federal district judge in Texas has issued a nationwide injunction setting aside the ban. This means that the FTC’s rule banning most non-compete agreements will not take effect on September 4th as widely reported.
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Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation
Illinois Human Rights Act Expanded to Include AI Regulation
Recently, Illinois Governor Pritzker signed H.B. 3773 into law, marking a significant expansion of the Illinois Human Rights Act to include specific regulations on the use of artificial intelligence (AI) in employment decisions. This move reflects the state’s ongoing commitment to civil rights protection, now extending into the realm of advanced technology.
What Does H.B. 3773 Mean for Your Business?
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Another Cook in the Kitchen: Court Finds Chef Is Entitled to Overtime
Many employers make the mistake of assuming that employees can be treated as exempt so long as they have certain job titles or are paid a salary rather than an hourly wage. That error is especially common in small businesses like restaurants. It can be an expensive mistake, as one D.C. restaurant recently learned after a federal court ruled that its former chef was entitled to approximately $450,000 in unpaid overtime wages and liquidated damages, plus attorneys’ fees.
Adan Sanchez Sanchez was employed at Malbec restaurant, an Argentinian steakhouse located in Washington, D.C., from December 2015 to August 2019. Throughout
Continue Reading Another Cook in the Kitchen: Court Finds Chef Is Entitled to Overtime
Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet
There is much uncertainty about the future of FTC’s new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and independent contractors.
Continue Reading Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet
It Was Inevitable: A Court of Appeals Holds Emotional Distress Damages Not Available Under Title II of the ADA
When Cummings v. Premier Rehab Keller was decided, discussed here, it was inevitable that eventually courts would start addressing the issue of whether Title II of the ADA allows for emotional distress damages. During Cummings oral argument, a couple of the Justices anticipated that, and court decisions are beginning to come on this issue. The latest, which is the blog entry for this week, is a published decision from the 11th Circuit in A.W. by and through J.W v. Coweta County School District, here, decided on August 7, 2024. As usual, the blog entry is divided into categories and
Continue Reading It Was Inevitable: A Court of Appeals Holds Emotional Distress Damages Not Available Under Title II of the ADA
Illinois BIPA Amendment Changes the Litigation Landscape
BIPA Amendment Making Waves in Litigation Trends
The landscape of biometric privacy in Illinois is poised for a significant shift following the recent amendment to the Illinois Biometric Information Privacy Act (BIPA). On August 4, 2024, Governor JB Pritzker signed S.B. 2979 into law introducing a crucial modification that could have far-reaching implications for businesses and the ongoing wave of biometric privacy litigation.
Understanding BIPA: A Background
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Continue Reading Illinois BIPA Amendment Changes the Litigation Landscape
