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ILLINOIS LAW LEGALIZING CANNABIS FOR ADULTS IN THE NEW YEAR MAKES EMPLOYER DRUG TESTING AND DISCIPLINARY ACTION FOR WORKPLACE MARIJUANA USE HAZY

I. Illinois’ New Law Legalizing Cannabis for Adults Authorizes Employers to Maintain Zero Tolerance or Drug Free Workplace Policies and to Conduct Drug Testing. The Illinois General Assembly enacted the Cannabis Regulation and Tax Act (“Cannabis Act”) on May 31, 2019.  Governor J.B. Pritzker signed…
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EMPLOYERS MUST ACT NOW TO IMPLEMENT THE DEPARTMENT OF LABOR’S FINAL RULE UPDATING THE MINIMUM SALARY FOR WHITE COLLAR MINIMUM WAGE AND OVERTIME EXEMPTIONS BY THE NEW YEAR

A. The Department of Labor Issued Its Final Rule on September 24, 2019. The Department of Labor (“Department”) issued a final rule revising the regulations interpreting the Fair Labor Standards Act (“FLSA” or “Act”) on September 24, 2019.  They set new and higher thresholds for…
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HOW TO MANAGE THE FAIR LABOR STANDARDS ACT’S EXEMPTION FOR OUTSIDE SALES REPRESENTATIVES

Most employers that pay their outside sales representatives on a commission basis do so because of long-established practices, rather than a sound understanding as to how the Fair Labor Standards Act (“FLSA” or “Act”) impacts such a compensation practice.  Generally, the Act requires employers to…
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HOW TO USE SOCIAL MEDIA DURING RECRUITING AND HIRING WITHOUT LIABILITY

Seven in ten Americans use social media, according to the Pew Research Center.  They connect with one another, access content, share information, and entertain themselves through social media.  When the Pew Research Center first surveyed the use of social media in 2005, only five percent…
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HIRING AND RECRUITING IN TIGHT LABOR MARKETS

The unemployment rate hovered at a 49-year low of 3.6 percent in both April and May of 2019.  Low unemployment typically creates a jobseeker’s market in which workers find plentiful attractive job openings.  On the other side of the equation, however, employers usually have a…
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DEPARTMENT OF LABOR INCREASES THE MINIMUM SALARY TO EXEMPT WHITE COLLAR WORKERS FROM OVERTIME PAY

On March 7, 2019, the United States Department of Labor (“Department”) announced its Notice of Proposed rule making to update the regulations that interpret the Fair Labor Standards Act (“FLSA”). < https://www.dol.gov/whd/overtime2019/index.htm > This law requires employers to pay overtime pay to most workers who…
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THE LONG VIEW: LEGAL AUDITS ALLOW BUSINESS OWNERS TO AVOID CATASTROPHES AND TO ACHIEVE SUCCESSFUL EXIT STRATEGIES

Many businesses grow and earn profits from year to year, but still face existential threats if legal problems happen.  Others have owners who have reached a point in their lives where they want to exit their business to start a new chapter in their lives. …
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WHAT IMPACT WILL MEDICAL MARIJUANA HAVE ON MISSOURI WORKPLACES AND DRUG TESTING BY EMPLOYERS?

On November 6, 2018, Missouri voters approved Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative by a margin of 66% to 34%.  It legalized marijuana for medical purposes.  Basically, the amendment allows licensed physicians to recommend marijuana use to patients with any one…