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St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

August 2017 Archives

Great News For Businesses: Federal Judge Strikes Down Department Of Labor Overtime Rule!

A Federal Judge invalidated the $47,476 salary threshold that the U.S. DOL attempted to implement last year. A Texas Judge who last year temporarily enjoined the D.O.L. from implementing its highly controversial overtime regulations in December, as planned, has issued a final decision declaring them invalid and unenforceable. District Court Judge Amos L. Mazzant, III ruled that the Obama D.O.L. exceeded its authority when it more than doubled the minimum salary level for white collar overtime exemptions. The ruling impacts millions of employees and their employers.

EEO-1 Report Change

In a statement issued on August 29, 2017, the Acting Chair of the Equal Employment Opportunity Commission - Victoria Lipnic, announced that she had received from the Office of Management and Budget Office of Information and Regulatory Affairs (OIRA) - Neomi Rao - Administrator - informing her (Ms. Lipnic) that the OIRA was initiating a comprehensive review and issued an immediate stay of the "effectiveness of the pay data collection aspects of the EEO-1 Form".

Communications with Applicants, Current and Former Employees: Best Practices

Every day, as a regular part of doing business, employers need to discuss applicants or current and former employees. Communications have changed and evolved over the years and these communications can be in the form of any of the following:

Common Business Records Are the Key to Handling Most Aggressive Union Audit Findings

In the current environment, aggressive union audits have become the rule rather than the exception. The distressed condition of many union pension funds and dwindling union membership (resulting in fewer benefit contributions) are the chief reasons driving this trend. Employers are usually shocked, stressed, and frustrated with the result of an aggressive audit; findings claiming they owe hundreds of thousands of dollars. However, on many instances there is a simple solution to dealing with this problem; creating and maintaining time and payroll records.

An Employer Must: Keep Records of All Important Employee Interactions

At Wessels Sherman, we cannot stress to our Illinois clients enough the importance of good record keeping. Employers of all sizes will say, "of course we keep our important records" and indeed they will have every time card, pay stub, and employment application for the previous five years (as they should). Those types of records are very important and do help protect employers from future wage and hour lawsuits under the Illinois Minimum Wage Law, Illinois Wage Payment and Collection Act, federal Fair Labor Standards Act, and other laws. However, many businesses fail to keep records of events or interactions which may have a less obvious but still enormous impact in protecting them from discrimination lawsuits down the road.

The ACA: Where We Stand

As you may have heard, the most recent attempts to repeal and replace the ACA failed when the United States Senate voted against three proposals - the Better Care Reconciliation Act, the Obamacare Repeal and Reconciliation Act, and the Health Care Freedom Act - over the course of four days. As a result, the ACA remains the law of the land, and employers with 50 or more employees must continue to offer affordable coverage to employees who work 30 or more hours per week on average.

The Department of Labor Begins its Pro Business Agenda with its Requests for Information on the Overtime Rule

The DOL has started to implement its pro-business policies, which should create a better environment for businesses. Although it took the DOL some time to hit its stride, we are now seeing some key policies being implemented.

Paperwork Is Never Done

Over my seventy-two (72) years of life, there are a number of constants that have existed. One of them is "no job is complete until the paperwork is done". This is certainly true with the United States Government and its numerous forms (i.e. new EEOC Forms; new OSHA Forms, etc.).

Tips for a Business Suddenly Hit with an IRS SS-8 Request

The IRS Form SS-8 has been used for decades by the IRS and is often sent to a company when a disgruntled independent contractor complains to the IRS that he/she was really an employee (and was misclassified by the company).

New EEO-1 Report

While there is no requirement for Employers to file an EEO-1 Report during Calendar 2017, do not start celebrating too quickly. The "New and Improved" EEO-1 Reports are due by March 31, 2018 and require expanded/new reporting requirements. These new/expanded reporting requirements not only require reporting with regard to race, ethnicity, gender, etc., but also require reporting on the basis of total compensation and total hours worked by race, ethnicity, gender, EEO-1 category and designated salary bands.

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Davenport, IA 52801

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2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
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Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

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