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Labor and Employment

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Can Indiana Employers Withhold or Claw Back Bonuses and Commissions?

Posted by: Nancy J. Townsend on January 14, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Extra pay may entice employees to sign on, produce income, or continue employment. Perhaps the employer offers signing bonuses to attract the best and brightest. Maybe the company persuades key employees to endure a reorganization or other difficult times by offering a “stay bonus” or hedges its...


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DOL Final Rule on Regular Rate of Pay Goes into Effect January 15, 2020

Posted by: Elizabeth M. Roberson and Amy J. Adolay on January 2, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On December 12, 2019, the Department of Labor (DOL) announced a final rule governing the regular rate of pay requirements under the Fair Labor Standards Act (FLSA). This is the first significant update relating to calculation of an employee’s regular rate in over fifty (50) years. The regular...


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Indiana Blue Pencil Doctrine is More of a Blue Pen Doctrine as it Permits Courts to Strike through but not Erase Unenforceable Provisions in Restrictive Covenants

Posted by: Amy J. Adolay, Nancy J. Townsend, and Kate E. Trinkle on January 2, 2020

Indiana employers striving for strong but enforceable competitive restraints on their employees have new guidance from the Indiana Supreme Court’s decision in: Heraeus Med., LLC v. Zimmer, Inc., No. 19S-PL-471, 2019 WL 6485087 (Ind. Dec. 3, 2019)

Kolbe initially worked as a regional group...


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Illinois Expands Equal Pay Act Provisions and Prohibits Employers from Asking Applicants' Wage and Salary History

Posted by: Nancy J. Townsend and Kate E. Trinkle on January 2, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Illinois enacted its Equal Pay Act in 2003 (the “Act”) to prohibit employers from engaging in discriminatory payment practices based on an employee’s sex or race. Amendments recently took effect on September 29, 2019, that (1) expand the scope of the equal pay provisions and (2) prohibit...


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Illinois Responds to the #MeToo Movement with New Sexual Harassment Legislation

Posted by: Nancy J. Townsend and Kate E. Trinkle on January 2, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In the wake of the #MeToo Movement, the Illinois legislature and Governor J.B. Pritzker have enacted new legislation to prevent sexual harassment and unlawful discrimination in the workplace. The legislation changes existing laws and enacts ones, imposing additional requirements and limitations...


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Employers Gain By Noting Discipline Problems As They Occur

Posted by: Nancy J. Townsend and Kate E. Trinkle on January 2, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A recent decision of the Seventh Circuit Court of Appeals sensibly finds that an employer’s failure to address behavior problems immediately does not necessarily forfeit its right to count those “black marks” on the employee’s record when making employment decisions later. The court also...


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FMLA Covers an Employee's Attendance for CSE/IEP School Meetings

Posted by: Nancy J. Townsend and Kate E. Trinkle on January 2, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On August 8, 2019, the Department of Labor (“DOL”) issued its opinion that the FMLA covers employees’ attendance at meetings to discuss the Individualized Education Program (IEP) of their children.

Background. The employer denied a mother’s request to take intermittent FMLA leave to attend...


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