2023 is now “in the books” and organized labor is likely seething at seeing their numbers drop -- once again. Despite the media headlines in 2023 about union organizing drives, strikes and “wins” at the negotiating table for a few notable companies, workers represented by a labor union dropped to an all-time low for the second straight year.

On January 23, 2024, the U.S. Bureau of Labor Statistics (BLS) released figures showing that the percentage of workers who were part of a labor union, dropped to a new low of 10% in 2023 (down from the previous record low of 10.1% in 2022). Among ...

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024.

Background

The FLSA provides wage and hour protections to “employees” that do not apply to “independent contractors,” including minimum wage and overtime minimums. Accordingly, misclassification of workers has been and continues to be a major focus of the DOL. In light of the potential economic impact that changes to ...

Several new changes impacting Colorado’s Equal Pay for Equal Work Act (EPEWA) took effect on January 1, 2024. Employers with at least one employee located and working in Colorado must now comply with certain posting and notice requirements for all Colorado based employment opportunities, including for promotion opportunities. The EPEWA requirements apply only to an employer’s Colorado based employees.   

Several changes impacting employers in jurisdictions across the nation are summarized below. Read our blog below to determine if any of these laws apply to you.

California

  • California’s statewide minimum wage increased to $16.00 per hour for all employers on January 1, 2024. Some cities and counties in California have a local minimum wage that is higher than the state rate.

Illinois

  • Effective 11/17/2023 -- On November 17, 2023, Governor Pritzker Signed H.B. 3641 into law which, among other things, delays implementation of the equal pay for equal work mandate until April 1, 2024. IL ...

Amundsen Davis invites you to a webcast event on February 6, 2024 at 8:30AM CT. Join attorneys from our Labor, Employment, Benefits & Immigration, OSHA and Construction service groups as they highlight key issues impacting the construction industry in 2024.

Topics to be discussed include:

  • Davis-Bacon and Prevailing Wage Updates
  • Inflation Reduction Act Projects
  • OSHA Updates for 2024
  • Updates to Construction Contracts

Who should attend? Construction Industry CEOs, COOs, CFOs, Accountants, Human Resource Managers, Safety Consultants, and Risk Managers.

OSHA recently announced a significant change in its head protection policy, and is transitioning from traditional hard hats to safety helmets for its employees. This move is more than just an internal policy shift, and signals a broader push that will soon affect all employers whose employees are required to wear head protection, likely leading to citations when employees wear traditional hard hats in lieu of the helmets—which OSHA specifically notes can fall off, do not protect the side of the head, and keep heat trapped inside.

While the announcement, on its face, focuses on OSHA ...

As we wind down 2023, your company may be sharing with its employees either through business closing periods or end-of-the-year bonuses. Employers must be cognizant that these generous gestures may carry compliance obligations for the business.

BONUSES

Employers must be careful when paying out bonuses at the end of the year to non-exempt employees. As with other bonuses, a holiday bonus must be included in overtime calculations for nonexempt employees unless it is completely discretionary or is a gift. If a bonus is promised or expected or is dependent on the quality, quantity or ...

With the January 1, 2024, effective date of the Illinois Paid Leave for All Workers Act (IPLAWA) quickly approaching, employers need to ensure they are analyzing their existing paid leave policies to determine what changes need to be made before the end of 2023.

The Illinois Department of Labor (IDOL) has been providing more information regarding the “rules” for the IPLAWA. The IDOL has published additional guidance through FAQs --- which are not law, but should nonetheless be taken into consideration and reviewed carefully when finalizing paid leave policies for the purpose of ...

With the advent of the federal Corporate Transparency Act (“CTA”), which requires filings by most newly formed and smaller existing corporations, limited liability companies, limited partnerships, or other similar entities created by a filing with the Secretary of State or other similar office, businesses should be aware of the upcoming compliance changes going into effect on January 1, 2024.

Join corporate attorney Karen Tobin for a timely discussion on the changes to filing requirements going into effect at the beginning of 2024.

Early in the New Year we often see employees switching jobs, which can trigger disputes over restrictive covenants in their employment agreements. As 2023 draws to a close, here are some things to keep in mind to protect your company, its customers, and its information against unfair competition from departing employees:

Assume the worst. We tend to assume people will comply with their contractual obligations. Employers should not assume a departing employee will comply with a restrictive covenant. Some employees forget they even have an employment agreement. Some think the ...

Welcome to the Labor and Employment Law Update where attorneys from Amundsen Davis blog about management side labor and employment issues. 

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