Labor and Employment Law Update

Welcome to the Labor and Employment Law Update where attorneys from SmithAmundsen blog about management side labor and employment issues. We 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 and much more! Learn more about our firm at www.salawus.com.

Latest from Labor and Employment Law Update - Page 4

On January 1, 2026, Minnesota officially launched its state-administered Paid Family and Medical Leave (PFML) program, triggering an immediate surge of over 25,000 benefit applications in the first two weeks alone. As many Minnesotan employers are quickly discovering, the post-PFML workplace poses significant operational challenges. As the legal landscape continues to evolve in Minnesota (and those benefit applications keep rolling in), employers must become intimately familiar not only with administering the program but also with the variety of pitfalls it creates.
Continue Reading Thousands Apply for Minnesota PFML: What Employers Should Do Now

The U.S. Department of Labor (DOL) recently released a new set of opinion letters addressing recurring questions under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The latest batch addresses employee classification, overtime calculations, collective bargaining agreements, commission exemptions, and FMLA leave usage. Below, we summarize the most significant takeaways for employers.
Continue Reading U.S. Department of Labor Issues New FLSA and FMLA Opinion Letters: Key
Compliance Takeaways for Employers

State-level employment regulation continues to evolve in California independently of broader federal enforcement priorities. On October 12, 2025, California enacted the Workplace Know Your Rights Act (S.B. 294) intended to “equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.” The Act contains five primary requirements.
Continue Reading California Employers Face February 1 Deadline Under Workplace Know Your
Rights Act

Ohio has adopted a new workforce verification law that will directly affect many construction companies operating in the state. Beginning March 19, 2026, certain construction employers will be required to use the federal E-Verify system for new hires. Because the law carries meaningful penalties and applies broadly across the construction supply chain, contractors should begin preparing now.
Continue Reading Ohio’s New E-Verify Requirement: What Nonresidential Construction
Contractors Need to Know

Effective January 1, 2026, the Illinois Victims’ Economic Security and Safety Act (VESSA), as recently amended, now prohibits employers from disciplining employees for using company-issued technology such as phones, laptops, or tablets to record evidence of domestic, sexual, or gender-based violence, whether inside or outside of the workplace. 
This change in the law immediately puts many employers at odds with their own “no-recording” and “acceptable use” policies, which often prohibit any form of recording on company property or devices. Navigating conflicting policies and avoiding liability under VESSA will require employers to exercise extreme caution.
Continue Reading VESSA’s Expanded Recording Protections: What Illinois Employers Must Do Now

In the Spring of 2025, the Illinois Department of Labor filed a lawsuit against a union contractor alleging violations of the Illinois Prevailing Wage Act. The Department’s lawsuit alleged that work performed by the contractor on the Projects fell within the prevailing wage classification of Electrician, as opposed to the classification of Carpenter.
On December 18, 2025, the Department determined and agreed that the work the contractor performed on the Projects could properly be classified under the Carpenter classification. As the solar energy industry continues to evolve in Illinois, industry contractors (union and non-union) must become intimately familiar with the
Continue Reading Installation of Solar Panels is NOT Exclusively Electrician Work under the
Illinois Prevailing Wage Act – So Capitulates the Illinois Department of
Labor

Illinois recently enacted amendments to the Illinois Right to Privacy in the Workplace Act (“IRPWA”).  The amendments became effective on December 12, 2025, immediately upon the governor’s signature.
Continue Reading Amendments to Illinois Right to Privacy in the Workplace Act: Immediate
Obligations for Employers Receiving “No-Match” Letters

On December 18, 2025, the U.S. Senate approved President Trump’s nominees, James Murphy and Scott Mayer, to serve as members on the National Labor Relations Board (Board). With the additions of Murphy and Mayer, the Board regains a quorum and can now officially act and adjudicate unfair labor practice charges and representational cases under the National Labor Relations Act (NLRA). 
Continue Reading NLRB Regains a Quorum and New General Counsel takes the Reins

As OSHA inspections continue to take place throughout the U.S., employers across industries need to be prepared to respond. An inspector’s arrival onsite can be disruptive and stressful, particularly if supervisors and frontline staff are unsure of what to do or say in the moment. The steps outlined below are designed to help employers navigate an OSHA inspection from the moment an inspector arrives, underscoring the importance of preparation as a key component of an effective workplace compliance strategy.
Continue Reading OSHA Inspection Checklist: A Step-by-Step Guide for Employers When an
Inspector Arrives

The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and workers’ compensation come with complex obligations for employers and HR professionals. Join Heather Bailey for an informative webcast on understanding the requirements and interactions of FMLA, ADA, and workers’ compensation in the U.S. workplace.
Continue Reading Breakfast Briefing Series: Staying Afloat in the 'Bermuda Triangle':
Insights on FMLA, ADA, and Workers' Compensation

A strong workers’ compensation defense strategy begins long before a claim is filed. After all, an unexpected claim can costly regardless of industry. Strategic and proactive measures to prevent accidents coupled with an understanding of how to manage the claims that do arise are indispensable tools for businesses.
In a recent webcast, two of our workers’ compensation attorneys shared their insights and best practices to help employers confidently manage claims and achieve favorable outcomes. Here are three key takeaways from their presentation. 
Continue Reading Key Takeaways – Prevention to Resolution: Managing Workers’ Compensation
Claims With the End in Mind

The U.S. Equal Employment Opportunity Commission (EEOC), the agency charged with the administration of federal workplace laws, including Title VII of the Civil Rights Act, recently regained a voting quorum. As a result, the agency can now enact sweeping policy changes in line with President Trump’s second term agenda. Employers can expect increased scrutiny of DEI practices and an increase in charges surrounding religious accommodations.  
Continue Reading EEOC Regains Quorum: What Employers Can Expect

The Illinois legislature recently passed House Bill 1437 (H.B. 1437), which delays implementation of the fringe benefit payment mandates for apprentices on projects subject to the Illinois Prevailing Wage Act (“IPWA”).  As some may recall, Governor Pritzker signed House Bill 2488 (H.B. 2488) into law effective June 30, 2025.
H.B. 2488 requires the payment of “full journeyman annualized fringe benefits” to apprentices working on prevailing wage projects in Illinois, regardless of the terms in the underlying prevailing area-wide union contract. H.B. 1437 delays the date that contractors must begin paying apprentices full journeyworker fringe benefits on public works projects to
Continue Reading Illinois Amends the Prevailing Wage Act (Again) to Delay Implementation of
Full Fringe Benefit Mandate for Apprentices Until July 1, 2026