On January 9, 2024, the Department of Labor (DOL) announced a final rule creating the test for independent contractor status under the Fair Labor Standards Act. The final rule marks the rescission of the Trump administration’s more employer-friendly rule and revives the likeness of prior tests that are more likely to classify workers as employees
Ellen M. Hemminger
Ellen “Ellie” M. Hemminger is an Associate in Vedder Price’s Chicago office and a member of the firm’s Labor and Employment group.
Ellie focuses her practice on employment law, involving sexual harassment, retaliation and workplace discrimination. She has experience evaluating and advising on a vast array of employment-related issues, and has litigated before administrative agencies, including the Equal Employment Opportunity Commission, the Illinois Department of Human Rights and the Illinois Department of Labor, and in state and federal court.
EEOC Proposes Regulations for Implementation of Pregnant Workers Fairness Act
On August 7, 2023, the EEOC announced its proposed regulations relating to the enforcement of the Pregnant Workers Fairness Act (“PWFA”). Passed in 2022, the PWFA requires employers to provide reasonable accommodations to workers affected by pregnancy, childbirth or a related medical condition.Continue Reading EEOC Proposes Regulations for Implementation of Pregnant Workers Fairness Act
Amendment to Chicago Human Rights Ordinance Protects Bodily Autonomy of Workers
As of February 1, 2023, the Chicago Human Rights Ordinance (“CHRO”) provides protections for the bodily autonomy of workers.Continue Reading Amendment to Chicago Human Rights Ordinance Protects Bodily Autonomy of Workers
Pregnant or Nursing Mothers in the Workplace Get Some Relief
In late 2022, Congress passed the Pregnant Workers Fairness Act and the PUMP Act. Both Acts are among a number of protections passed to address working conditions for women workers.Continue Reading Pregnant or Nursing Mothers in the Workplace Get Some Relief
New York City Joins Growing Number of Jurisdictions Requiring Pay Transparency
As of Tuesday, November 1, 2022, all New York City employers with at least four employees are required to include a wage range in job postings. The law, referred to as Local Law 59, is just one of many similar laws across the country aimed at increasing pay transparency.Continue Reading New York City Joins Growing Number of Jurisdictions Requiring Pay Transparency
DOL’s Proposed Independent Contractor Rule Would Classify More Workers As Employees
On October 11, 2022, the Department of Labor (“DOL”) unveiled a proposed rule to define the test for independent contractor status under federal wage and hour law. The proposed rule is the latest in a series of back-and-forth political maneuverings and seeks to replace a proposed Trump administration regulation that sought to classify workers as independent contractors if they own their own businesses or have the ability to work for competing companies (the “Contractor Rule”). The DOL’s new proposal mirrors guidance from the Obama administration that the Trump administration had sought to withdraw and replace with a more business-friendly test. Continue Reading DOL’s Proposed Independent Contractor Rule Would Classify More Workers As Employees