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James P. Looby is a Shareholder at Vedder Price’s Chicago office and a member of the firm’s Labor & Employment Practice Area.
Mr. Looby focuses his practice on high-stakes and complex employment cases throughout the United States, including matters involving wage and hour disputes, independent contractor and joint employment issues, discrimination, and retaliation.

Under the Illinois Wage Payment and Collection Act (IWPCA), an employee may file suit for compensation owed “pursuant to an employment contract or agreement.”  820 ILCS 115/2. Courts have taken different approaches regarding what constitutes an agreement under the IWPCA, and prior to October 2024, the Seventh Circuit had not opined as to

In a recent decision, the Colorado Supreme Court reminded employers that state law often differs from federal law when it comes to properly paying employers. One such area involves calculating the regular rate of pay for purposes of determining overtime compensation owed to employees who work more than 40 hours in a workweek.Continue Reading Colorado Requires Holiday Incentive Pay to Be Included in the Regular Rate of Pay

On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit. The Seventh Circuit’s ultimate decision in the matter could significantly impact collective action litigation.   Continue Reading Seventh Circuit to Review Two-Step Collective Certification Process

In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that restricted when employers may claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA).Continue Reading Fifth Circuit Strikes Down U.S. Department of Labor Tip Credit Rule

On August 19, 2024, the Colorado Supreme Court announced that it will decide what statute of limitations applies to claims brought under the Colorado Minimum Wage Act – the Colorado Wage Claim Act ’s two or three-year statute of limitations (depending on whether the violation is willful) or Colorado’s general six-year statute of limitations.Continue Reading Colorado Supreme Court To Decide What Limitations Period Applies To Colorado Minimum Wage Act Claims

Statutory protections for freelance workers have increased nationwide, with states and local governments continuing to pass legislation requiring written contracts and specific payment dates, and prohibiting discrimination and retaliation against freelance workers attempting to exercise their rights, including by amending state anti-discrimination laws to provide coverage for freelancers and other independent contractors.  On November 22

Over the last few years, local governments have taken the lead in adopting statutory protections for freelance workers across the country. These protections include requiring written contracts, specific payment dates, and a prohibition on discrimination and retaliation against freelance workers attempting to exercise their rights. On August 4, 2023, Illinois became the first state to