By Guest Author: Michael A. Warner, Jr. In recent years, one tactic for attempting to defeat wage and hour class and collective action lawsuits class action lawsuits has been to offer the named plaintiffs full relief for their individual claims […]
Think Using a Temp Firm Solves Your FLSA Compliance Problems? Think Again, Says the DOL
January 25, 2016
On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor issued a new Administrator’s Interpretation (“AI”) on the issue of joint employment under the FLSA. What is joint employment? The FLSA generally applies only to […]
Supreme Court Agrees to Hear Service Advisor OT Pay Split
January 20, 2016
As we reported back in October 2015 a car dealership, Encino Motorcars, petitioned the Supreme Court to “restore uniformity” to the enforcement of legal precedent and hold that service advisors are exempt from the FLSA’s overtime requirements. On Friday, the Supreme […]
PAC Finds FOIA Predecisional Exemption Does Not Apply to Training Materials on Final Policy
January 15, 2016
Recently, the Attorney General issued a binding opinion finding that the Governor’s Office of Management and Budget (GOMB) violated the Freedom of Information Act (FOIA) by withholding a PowerPoint presentation used as training materials. The PAC drew some key distinctions […]
Section 11(i) of the FOIA provides “If a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under this Section, the court shall award such person reasonable attorneys’ fees and costs.” […]
Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation
January 15, 2016
When the Chicago Board of Education refused to arbitrate grievances concerning its “do not hire” policy, it did not violate the Illinois Educational Labor Relations Act according to the Illinois Supreme Court. This case arises out of a June 2010 policy in […]
School Boards Beware: Appellate Court Applies High Bar for School Board Ignoring Hearing Officer’s Findings of Fact
January 6, 2016
The Illinois Appellate Court (Fifth District) recently reversed a school board’s decision to dismiss a tenured teacher for failure to comply with a notice to remedy. This case confirms that while school boards have considerable discretion under Section 24-12 of […]
Last year, an Illinois Circuit Court overturned a Public Access Counselor opinion that found that the Board of Education of Springfield School District No. 186 violated the Open Meetings Act when it voted on the separation agreement of the former […]