The city of Chicago approved the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance on November 9, 2023, providing all employees working in the city with up to five annual days of paid leave that can be used for any purpose and five annual days of paid sick leave that can be used
Illinois Joins the Growing List of States With New Pay Transparency Laws
Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January 1, 2025, and requires all employers with 15 or more employees to provide pay scale and benefits information in
Illinois Expands Rights and Remedies for Temporary Workers
Governor J.B. Pritzker signed into law HB 2862 on August 4, 2023, which amends the Illinois Day and Labor Services Act by adding new equal pay obligations and safety and training requirements for employers who hire temporary workers and for staffing agencies that place them—all of which are effective immediately.
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Third Circuit Rules Paid Time Off Is Not Part of an Exempt Employee’s Salary
The U.S. Court of Appeals for the Third Circuit, in Higgins v. Bayada Home Health Care Inc., held that it is not a violation of the Fair Labor Standards Act (FLSA) for an employer to deduct time from an exempt employee’s paid time off (PTO) bank for failing to meet a productivity target. The employer in the case had developed a point-based system to ensure that employees met certain “productivity minimums,” with various tasks being assigned a certain number of “productivity points.” When employees consistently exceeded their productivity minimums, they received additional compensation. When employees failed to meet their weekly productivity minimums, however, their available PTO was deducted. The employer did not deduct from an employee’s salary once PTO had been exhausted.Continue Reading Third Circuit Rules Paid Time Off Is Not Part of an Exempt Employee’s Salary
Eighth Circuit Pushes Back Against Using More Experienced Comparators in EPA Claims
In O’Reilly v. Daugherty Systems, the U.S. Court of Appeals for the Eighth Circuit[1] ruled that, for purposes of the Equal Pay Act (EPA) claim, greater experience can serve as a legitimate reason for a pay differential on March 29, 2023. Affirming the district court’s grant of summary judgment for the defendant, the Eighth Circuit held that differences in skillset and experience between a plaintiff and a single comparator can establish that a pay disparity between them was based on a factor other than sex, an affirmative defense to an EPA claim. The recent decision adds one more notch in the developing question of what constitutes a legitimate reason for pay differences under the EPA.Continue Reading Eighth Circuit Pushes Back Against Using More Experienced Comparators in EPA Claims