The legalization of medical and recreational marijuana is leaving many employers shifting on unsteady and unfamiliar ground. Employers have rights and responsibilities; let us help you with the changes coming. The recent amendments involving the use of marijuana in Missouri and Illinois are not unique; 33 states have legalized marijuana for medical use and 11 states have legalized its recreational use, although there is still a federal ban on the substance.
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
Be advised that the Department of Labor has released a proposed overtime rule for any salary exempt employees with a $35,308 salary threshold. Under the current rule, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. The proposed rule does not address the duties test for white-collar exemptions or the salary basis requirement.
The Government Severance Pay Act (P.A. 100-895) has implications of severely limiting the ability of public employers to negotiate severance packages and reduce litigation risks. The new law, which was signed on August 14, 2018, by the Governor and which is effective January 1, 2019, requires that any covered unit of government that enters into or renews a contract or employment agreement must include the provisions in the contract which restrict severance pay to no more than 20 weeks of compensation and restrict the availability of severance payment at all if the employee is terminated for “misconduct.”
EMPLOYER BEWARE: New Tax Bill Requires Full Disclosure of Sex Harassment Settlements or… Lose the Business Expense Deduction
In the Tax Cuts & Jobs Act, congress in its infinite wisdom, determined to publically shame or, alternatively, financially burden companies that settle claims of sex harassment. Under the new law, taxpayers will not be allowed to take a business deduction: For any settlement or payment related to sexual harassment or sexual abuse claims if the settlement or payment is subject to a nondisclosure/confidentiality agreement; For any attorney fees related to such a settlement or payment subject to a nondisclosure/confidentiality agreement.
On December 21, 2017 the Illinois Appellate Court for the Second District determined that an actual injury is required in order to state a cause of action under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.). Rosenbach v. Six Flags Entertainment Corp. 2017 Illinois Appellate (2nd) 170317. In the Rosenbach case, plaintiff filed a class action lawsuit alleging that Six Flags was liable for violation of the Act because it did not obtain her permission to collect a thumb print of her son when he bought a season pass for the Great America theme park. In her complaint, plaintiff did not allege any actual harm or injury.