Legal News

On January 7th, the U.S. Department of Labor’s Wage and Hour Division issued its first Opinion Letter of 2020, and the Letter serves as a reminder to businesses that retroactive overtime payments may be necessary if non-discretionary bonuses are paid...By: SmithAmundsen LLC

This month, two federal circuit court of appeals reversed district courts’ grants of summary judgment in cases filed under the Uniformed Services Employment and Reemployment Rights Act (USERRA). With these twin cases, it seems as good of a time as...By: SmithAmundsen LLC

On December 13, 2019, the National Labor Relations Board (NLRB) issued notice of new regulations designed to materially change what is commonly referred to as the “Quickie Election” Rule. The new regulations, set to take effect on April 16, 2020,...By: SmithAmundsen LLC

By now, you most likely have heard the phrase “OK Boomer.” What began as a meme, quickly went viral. Soon enough, Boomer’s themselves have been seen using the phrase in jest. Elizabeth Warren recently used it as the subject line of an email...By: SmithAmundsen LLC

In Stanley Kubrick’s 1968 epic 2001: A Space Odyssey, HAL 9000, a fictional artificial intelligence machine, helps guide a space mission to Jupiter, but through the course of the film is revealed to be a villainous presence. Fast forward 50 years...By: SmithAmundsen LLC

On September 23, 2019 the IRS issued final regulations updating the rules governing hardship distributions from 401(k) and 403(b) plans. They are generally similar to the proposed regulations issued late last year and primarily reflect changes made...By: SmithAmundsen LLC

The US Department of Labor (DOL) has issued a proposed amendment to the regulation governing the fluctuating workweek (29 CFR 778.114). The fluctuating workweek can be used to calculate overtime for an employee whose hours fluctuate from week to week...By: SmithAmundsen LLC

As Illinois set out to become the first state to legalize recreational cannabis through statutory authority, the legislative intent for protections for employers and the workplace were intended to include some of the strongest in the nation. However,...By: SmithAmundsen LLC

Flu season is here and that likely means employers can hear sneezing and sniffling up and down the hallways at work. Sick employees are less productive and their absences can disrupt an employer’s operations....By: SmithAmundsen LLC

In May 2018, the U.S. Supreme Court rejected the argument that the National Labor Relations Act (the “Act”) prohibits mandatory arbitration agreements that contain class and collective action waivers. But that has not stopped the National Labor...By: SmithAmundsen LLC