Remi Balogun

Firm/Organization: Baker McKenzie

Latest Articles

Chicago Enacts Fair Workweek Ordinance Requiring Advance Notice Of Work Schedules

By Douglas A. Darch & Remi Balogun on August 15, 2019

Chicago became the latest city to adopt a “predictive scheduling” ordinance: the Chicago Fair Workweek Ordinance. Effective July 1, 2020, employers subject to the Ordinance must provide advance notice of work schedules to covered employees. If changes are made to the posted schedule, employers must pay additional wages, “predictability pay,” as a penalty. This penalty applies to both increases and reductions of shifts. The Ordinance is similar to ordinances in other major cities such as…

The Employer Report

Overlapping Policies Prove Costly To Employers Per The NLRB

By Remi Balogun & Douglas A. Darch on July 15, 2019

This article was originally published on Law360.com. Three recent decisions arising under the National Labor Relations Act highlight that ambiguity and inattentiveness are the twin banes of labor and employment attorneys. In all three cases, the dispute arose because two personnel policies or approaches overlapped, opening the way for conflicting claims. As these cases demonstrate, letting the National Labor Relations Board decide, “who is on first” can have significant consequences and can trigger an onslaught…

The Employer Report

Preparation Is Key To Effectively Managing Global Business Change

By Remi Balogun & Yana Komsitsky on May 7, 2019

Even as IPOs bloom this spring in the technology sector, there exists well publicized macro-economic uncertainty, stemming from Brexit concerns, among other developments. Real threats to free trade and investment flows remain, with the potential for a much more serious outbreak of protectionism and isolation on a global scale. A recession may or may not be looming, depending on the day and your media outlet. In these uncertain times, the best counsel know to be…

The Employer Report

DOL Proposes New OT Exemption Threshold At $35K

By Remi Balogun & Arthur Rooney on March 8, 2019

For 15 years, the minimum salary threshold required for US workers to qualify for the Fair Labor Standards Act’s “white-collar” exemptions has been $23,660 per year. On March 7, 2019, the Department of Labor issued a new overtime proposal increasing that minimum salary threshold to $35,308 per year. The DOL estimates the new rule will take effect in January 2020.…

The Employer Report

What New NLRB Deferral Policy Means For Union Workplaces

By Remi Balogun & Douglas A. Darch on January 30, 2019

This article was originally published on Law360.com. Taking advantage of an unaddressed area of law, and his virtually unfettered discretion to control the prosecution of unfair labor practice allegations, the general counsel of the National Labor Relations Board has returned the board’s deferral policy to its historical practice. Once again, unfair practice charges in a union-represented workplace will be deferred to the parties’ grievance and arbitration process whenever a grievance has been filed or could…

The Employer Report

Emphasizing “Entrepreneurial Opportunity,” The NLRB Returns To Business-Friendly Independent Contractor Test

By Remi Balogun, Caroline B. Burnett & Douglas A. Darch on January 29, 2019

On January 25, 2019, the National Labor Relations Board reaffirmed its adherence to the traditional common law independent contractor test for determining whether a worker is an employee or an independent contractor under the National Labor Relations Act. In SuperShuttle DFW, Inc., the Board expressly overruled its 2014 FedEx Home Delivery decision. In FedEx, the Board drastically reduced the significance of entrepreneurial opportunity in the determination of independent contractor status. FedEx emphasized the right…

The Employer Report

DOL Eliminates “80/20” Tip Credit Rule

By Emily Harbison & Remi Balogun on November 27, 2018

The Department of Labor’s newly issued opinion letter provides good news for employers who use tipped workers. On November 8th, the DOL reversed its previous “80/20” guidance on use of the tip credit. The tip credit permits employers to pay employees in tip-based positions, such as bartenders and waiters, a lower hourly wage than the federally mandated minimum wage (with the thought that earned tips will make up the difference). Under the previous “80/20” rule,…

The Employer Report

New Expense Reimbursement Requirements For Illinois Employers

By Douglas A. Darch & Remi Balogun on November 1, 2018

Illinois employers will have a new headache this new year, because as of January 1, 2019, they must reimburse employees for all “necessary expenditures and losses” incurred within the scope of their employment. This August, the Illinois Wage Payment and Collection Act changed to specifically include an expense and loss reimbursement requirement.…

Remi Balogun

Chicago Enacts Fair Workweek Ordinance Requiring Advance Notice Of Work Schedules

Overlapping Policies Prove Costly To Employers Per The NLRB

Preparation Is Key To Effectively Managing Global Business Change

DOL Proposes New OT Exemption Threshold At $35K

What New NLRB Deferral Policy Means For Union Workplaces

Emphasizing “Entrepreneurial Opportunity,” The NLRB Returns To Business-Friendly Independent Contractor Test

DOL Eliminates “80/20” Tip Credit Rule

New Expense Reimbursement Requirements For Illinois Employers

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