Chicago Partner E. Jason Tremblay has written an article titled “Clery Act Reminder – Why the Penn State Scandal Matters to the Academy” that appeared in the November 22 publication of University Business. It was the top story on the publication’s homepage last week. In the article, Mr. Tremblay discusses the U.S. Department of Education’s [...]
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E. Jason Tremblay Effective January 1, 2012, the minimum wage in the State of Florida will increase from $7.31 to $7.67 per hour. Minimum wage for tipped employees, such as waiters and waitresses, will increase from $4.29 to $4.65 per hour. This $0.36 per hour increase comes on the coattails of a previous minimum wage [...] E. Jason Tremblay In continuing a trend already underway in the United States regarding the misclassification of employees as independent contractors, California Governor recently approved legislation imposing strict penalties for California employers found willfully to have misclassified workers as independent contractors. The legislation known as the “Job Killer Act” provides for fines of between $5,000 [...] E. Jason Tremblay A recent Tennessee federal jury case involving a private university reminds the academy of the critical need to balance fairly the interests of the accused and accuser in investigating sexual assault cases. While private colleges and universities are not strictly obligated to follow the 14th Amendment due process restraints as are their [...] E. Jason Tremblay It was just announced that the National Labor Relations Board (“NLRB”) has postponed the effective date of its new rule regarding the posting of the Notification of Employee Rights Under the National Labor Relations Act. As previously reported, the new poster was originally required to be posted by private employers on November [...] E. Jason Tremblay On the heels of the U.S. Department of Labor’s announcement that it was going to share independent contractor misclassification information with the Internal Revenue Service (“IRS”), the IRS recently announced the implementation of the “Voluntary Classification Settlement Program” (“VCSP”). The VCSP is intended to encourage employers who have misclassified workers, for a [...] E. Jason Tremblay In what appears to be another example of cracking down on the improper use of independent contractors, the U.S. Department of Labor (“DOL”) recently announced it is entering into agreements with the IRS, as well as some state agencies (including Illinois state agencies), to share information regarding employers who have improperly classified [...] E. Jason Tremblay Jason Tremblay recently obtained the reversal of several Wage Payment Demands issued by the Illinois Department of Labor (“IDOL”) on behalf of a client. The client was an assignee for the benefit of the creditors of an Illinois company that was financially distressed. Instead of filing a bankruptcy, the company elected to [...] E. Jason Tremblay On August 4, 2011, we reported on the case of Dionne v. Floormasters Enters, a case from the Eleventh Circuit Court of Appeals that effectively allowed an employer to avoid paying attorneys’ fees in an FLSA lawsuit and also allowed the dismissal of an FLSA lawsuit prior to class certification where an [...] E. Jason Tremblay As previously reported, the National Labor Relations Board (“NLRB”) requires virtually all employers, union and non-union, to post a new employee rights notice as of November 14, 2011. The new NLRB poster is now available for free download at www.nlrb.gov/poster. The 11”X17” notice should be posted in a conspicuous location, where all [...] |
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