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Articles by Peter Milianti
DOL Issues Final FLSA Independent Contractor Rule, Returns to Six-Factor Economic Reality Test | JD Supra
The U.S. Department of Labor published a final rule Jan. 9, 2024, on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). The rule returns to a six-factor test that asks whether, as a matter of economic reality, a worker is economically dependent on the employer or is in business as an independent contractor. The six factors are: Opportunity for profit or loss based on managerial skill.
What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status
On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act, marking the fifth change to the board’s joint employer standard since 2015. Read on to learn more about how this rule affects employers.
What Businesses Should Know About The NLRB's Broad Standard For Joint Employment Status
On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA), marking the fifth change to the board's joint employer standard since 2015. The new rule makes it easier for the board to find a business jointly employs workers who are directly employed by another entity.
National Labor Relations Board Significantly Alters Union Election Process
On Aug. 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process. First, the NLRB announced a regulatory rule that accelerates the representation election process, returning to the “ambush election” procedures first implemented in 2014.
Every Scan Counts: Illinois Supreme Court Decides Claim Accrual Under BIPA
In a split decision, the Illinois Supreme Court recently clarified that a new claim accrues under Illinois’ Biometric Information and Privacy Act (BIPA) with each scan or transmission that violates BIPA. This long-awaited decision significantly increases employers’ exposure for BIPA violations. Background BIPA, enacted in 2008, requires private entities to follow certain consent, notice, and disclosure procedures when collecting, storing, or using individuals’ biometric data. In Cothron v.
Illinois Courts Begin Clarifying the Biometric Information Privacy Act | JD Supra
Earlier this year, McGuireWoods reported that, in 2021, Illinois courts are expected to decide several open issues related to the state’s Biometric Information Privacy Act (BIPA). Those opinions have recently begun to be issued, providing answers regarding BIPA’s statute of limitations and certain preemption arguments. Tims v. Black Horse Carriers, Inc. On Sept. 17, 2021, the Illinois Appellate Court for the First Judicial District issued an opinion in Tims v. Black Horse Carriers, Inc.
Proceeding With Biometric Caution: Illinois Courts to Decide Critical BIPA Issues | JD Supra
2021 is shaping up to be a groundbreaking year for employment litigation topics, and Illinois’ Biometric Information Privacy Act (BIPA) is no exception. State and federal appellate courts in Illinois are poised to decide several open BIPA issues, including the proper limitations period, whether the Workers Compensation Act pre-empts BIPA claims and what constitutes a violation. Since its enactment in 2008, the BIPA has provided a new avenue for employee class actions.
Proceeding With Biometric Caution: Illinois Courts to Decide Critical BIPA Issues
2021 is shaping up to be a groundbreaking year for employment litigation topics, and Illinois’ Biometric Information Privacy Act (BIPA) is no exception. State and federal appellate courts in Illinois are poised to decide several open issues, including the proper limitations period, whether the Workers Compensation Act pre-empts BIPA claims and whether BIPA liquidated damages are measured on a per-employee or per-scan basis.
$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers | Lexology
It is no secret that employees sometimes abuse benefits under the Family and Medical Leave Act (FMLA). Nor is it a secret that pitfalls abound for employers trying to limit such abuse while accommodating legitimate needs for medical leave. A recent decision from the Massachusetts Supreme Judicial Court in DaPrato v.
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