Joel Griswold

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Workers’ Compensation and Employer Liability in the Era of COVID-19

With companies continuing to reopen for in-person operations amid the coronavirus (COVID-19) pandemic, many employers are left wondering if they could face increased liability related to employees contracting COVID-19 in the workplace. Liability related to contracting a virus in the workplace could take the form of a negligence action or a claim for workers’ compensation. … Continue Reading

Alice in Cook County, Illinois: A View Through the Looking Glass at a Ridiculous Wage-Theft Ordinance

Starting May 1, 2015, employers in Cook County will be subject to a new “Wage-Theft Ordinance” that could lead to employers incurring massive property tax liabilities, business license revocation, and debarment from county contracts. Under the ordinance, local employers will face harsh penalties if they admit guilt or liability or are “adjudicated” to be guilty … Continue Reading

U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive Right

In the last week, we have seen several significant decisions from the U.S. Supreme Court.  On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a collective action under the Fair Labor Standards Act is a non-waivable, substantive right. In Walthour v. Chipio Windshield … Continue Reading

Restoring Overtime Pay for Working Americans Act: Senate Democrats Join President Obama’s War On FLSA Exemptions

Yesterday, Senate Democrats introduced a bill cited as the “Restoring Overtime Pay for Working Americans Act” (“the Act”), which would amend the Fair Labor Standards Act (“FLSA”) to make it more difficult for employers to classify employees as exempt and impose penalties on employers for failing to comply with the FLSA’s record-keeping provisions.  This action by … Continue Reading

President Obama Directs the DOL to Attack FLSA Exemptions

Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean?  The answer is, only time will tell. In the “Presidential Memorandum” entitled “Updating and Modernizing Overtime Regulations,” the White House states that “regulations regarding exemptions … Continue Reading
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