Amundsen Davis

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.
Continue Reading IL Minimum Wage 2024 Update – July 1, 2024 Increases to Chicago and Cook
County Minimum Wages; January 1, 2024 increase to the IRS Mileage Rate!

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
Continue Reading Illinois’ Aims to Silence Employers — Banning of Mandatory Captive
Audience Meetings

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.
Continue Reading BIPA Reform on the Horizon: Illinois Legislature Passes SignificantLegislation Eliminating Per-Scan Damages

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. 
Continue Reading CMS’s Final Minimum Staffing Standard for Nursing Homes to Go into Effect
on June 21

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).
Continue Reading California’s Supreme Court Makes It Harder For Employees to Recover
Penalties In Wage Statement Claims

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 Civil Rights Act of 1964 (Title VII).
Continue Reading Proper Pronouns, Bathrooms & Misgendering: What HR Needs to Know

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.
Continue Reading State and Local Employment Law Update – Family Leave, Fair Labor Standards
Act, Religious Accommodations and More

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.
Continue Reading State Bans of On-The-Clock “Captive Audience Speeches” Restrict Employers’First Amendment Rights

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.
Continue Reading Increases to Exempt Salary Requirements are Coming – Get Ready!!

The Federal Trade Commission (FTC) voted 3-2 on April 23 to issue its final noncompete rule.  The Rule becomes effective in 120 days. However, it already has been challenged in federal court in the State of Texas, and more suits are anticipated. There are serious concerns as to whether the FTC has the authority to regulate this area of the law.
Continue Reading FTC Votes to Ban Non-Compete Clauses: What Does this Mean for Employers?

  • Higher Salary Threshold for OT Exempt Employees… The annualized salary level for anyone classified as exempt from OT pursuant to the FLSA’s white-collar exemptions (executive, administrative, professional) must be no less than $43,888 ($844/week) by July 1, 2024 and must then be no less than $58,656 ($1,128/week) by January 1, 2025.  Automatic escalators are now built into establishing minimum salary thresholds to meet the OT exemption for white-collar salary exempt workers.
  • Continue Reading Three (3) Major L&E Developments Today — Impacting Virtually All
    Employers Throughout the U.S.

    In August 2023, the US Department of Labor (DOL) announced a proposed rule that became final last week, giving employees the ability to designate essentially any third-party as their “authorized representative” during OSHA workplace safety inspections — even union reps and community organizers. This rule goes into effect on May 31, 2024. 
    Continue Reading The US Department of Labor Significantly Expands Employee Rights to
    Designate Third-Party Representatives During OSHA Workplace Safety