Blog Post
11/07/2011
By 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 increase in Florida in June 1, 2011. Florida employers should therefore be prepared to again increase the hourly pay of any employees on minimum wage as of January 1, 2012. For further information, please contact your labor and employment attorney at Arnstein & Lehr LLP.

Blog Post
10/14/2011
By 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.

Blog Post
10/11/2011
By 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 14, 2011. However, the Notice is now required to be posted on January 31, 2012.

Blog Post
10/11/2011
By 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 public counterparts, their procedures must nonetheless be fair, balanced, and evenly applied.

Blog Post
09/30/2011
By 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 employees. The DOL maintains that these arrangements are necessary to share information and coordinate law enforcement with the participants to end the practice of misclassifying employees.

Blog Post
09/30/2011
By 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 relatively small payment to the IRS, to reclassify those workers as employees for federal employment tax purposes.

Blog Post
09/29/2011
By 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 conduct an assignment for the benefit of creditors. In that regard, the assignee continued to wind down the operations of the business in order to liquidate assets and to pay off creditors of the company.

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