Amendments to the Illinois Wage Payment and Collection Act (IWPCA) setting forth new pay stub requirements for employers take effect on January 1, 2025. Here are the highlights.
What Is a “Pay Stub.”
The IWPCA now specifically defines a “pay stub” as an itemized statement reflecting an employee’s:
• hours worked
• rate of pay
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
On September 26, 2024, the New Jersey Legislature passed Senate Bill 2310. This new law requires New Jersey employers to include certain information about compensation and benefits in both internal and external job postings. Governor Murphy has 45 days (i.e., until November 10, 2024) to sign the bill into law, and, once signed, it will go into effect seven months later.Continue Reading New Jersey Passes Wage Transparency Law
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 September 4, 2024, Governor Kathy Hochul signed S8358C, the New York Retail Worker Safety Act (RWSA), into law. Through the RWSA, New York state seeks to address growing threats of workplace violence and fears among retail workers regarding their safety in the workplace. New York joins a handful of other states, including California, which have passed similar legislation.Continue Reading New York Governor Signs Legislation to Protect Retail Workers from Workplace Violence
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
On August 16, 2024, a divided Seventh Circuit panel held that a court needs to establish personal jurisdiction over each individual member of a Fair Labor Standards Act (“FLSA”) collective, further contributing to an existing circuit split on this issue.Continue Reading Seventh Circuit Weighs in on Jurisdiction in FLSA Collective Cases
In the California case of Okonowsky v. Garland, a male supervisor in a federal prison (a lieutenant) used his private Instagram account to post sexually offensive content about a female prison psychologist. The District Court dismissed the psychologist’s hostile work environment claim, holding that the posts occurred entirely outside the workplace, were made on the lieutenant’s personal Instagram account, and were not sent or otherwise displayed to the psychologist. The Ninth Circuit reversed the dismissal of the Title VII claim and found that, in view of the generally permanent nature of the sexual posts and the references to the workplace on the Instagram account, the psychologist’s work environment could have been made hostile, especially since she had to interact with the lieutenant on a regular basis, and despite the fact that the lieutenant’s conduct occurred “off-site.”Continue Reading Recent Judicial Decisions Highlight the Importance of Anti-Harassment Training