Dozens of employment class actions have been filed against employers with operations in Illinois for alleged violations of the Illinois Biometric Information Privacy Act (BIPA).  Those suits relate primarily to the failure to provide required notice to employees and obtain their consent in connection with the collection and use of employee fingerprints for timekeeping systems.  Other states, such as New York, also prohibit the fingerprinting of individuals as a condition of securing employment or continuing…

#TimesUp For Your Representations and Warranties In late 2017 and throughout 2018, the world watched the careers of several top executives topple.  Once considered titans of their industry, these individuals were ensnared by allegations of sexual harassment.  In their wake, the #MeToo movement arose and has permanently shifted public sentiment and empowered alleged victims to come forward in droves.  For fiscal year 2018, the EEOC reported a 13.6 percent increase in sexual harassment charges and…

            The title may be what every little kid learns (and an underappreciated classic by the Jackson 5), but per usual California is different.  Many California workers may find their employment status shift as a result of a recent decision by the California Supreme Court which significantly expanded the universe of workers likely classified as employees instead of independent contractors.  This change may leave some workers toe-tapping and singing “do, re, mi;” however, others may…

The Labor Dish recently addressed the rapid rise of remote working arrangements amongst U.S. employees.  Although “OUT OF SIGHT, BUT NOT OUT OF MIND” touched on the many benefits that come from such arrangements, it also detailed various wage and hour concerns unique to employees working from home, and how employers should begin to navigate these issues.  Just getting payroll in order, however, will not solve all the problems facing employers with telecommuting…

Introduction              The #MeToo movement is a worldwide phenomenon.  Since October 2017, the hashtag has trended in at least 85 countries, and in dozens of languages—for example, #YoTambien in Spanish, #MoiAussi or #BalanceTonPorc in French, #QuellaVoltaChe in Italian, #Ятоже in Russian, גםאנחנו# in Hebrew, and أنا_كمان# in Arabic.              As the #MeToo movement gains momentum, global employers must recognize that the likely increase in complaints won’t be limited to the US,[1] given that about two-thirds…

Wage and Hour Issues Involving Remote Employees A 2017 Gallup survey found that nearly half of U.S. employees (43%) spend at least a portion of their working time away from their employer’s offices.  This represents a 4% increase since 2012 and a whopping 34% increase from 1995 and the trend appears to only be gaining momentum.  Work-from-home opportunities and flexible scheduling options not only influence a position’s attractiveness to applicants and employees, but also may…

In recent years, a number of highly visible companies in jurisdictions that prohibit “use or lose” vacation policies have adopted unlimited paid time off (“PTO”) programs, garnering ample media buzz.  Under such policies, employees can take off as much time as they choose (within reason) as long as they get their job done.  The focus is on producing results, not just logging hours. Buzz aside, only about 1-2% of employers currently offer such policies –…