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Abad Lopez

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Assistant Practice Group Leader of the firm's labor and employment practice, Abad is a valued partner and trusted advisor for Fortune 50 companies and other clients.

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Since inauguration, the Trump Administration has targeted Diversity, Equity, and Inclusion (“DEI”) and Diversity, Equity, Inclusion, and Accessibility (“DEIA”) programs across both public and private sectors. The administration’s stated goal is to eliminate what it describes as unlawful employment and contracting practices in the public and private sectors.Continue Reading Navigating the New Framework: Strategies for Compliance Amid the New Administration’s DEI Rollbacks

The United States Supreme Court issued an important decision for employers on January 15, 2025, where It held that employers do not have a heightened standard of proof to show that an employee is exempt from the “white collar” exemptions from minimum wage and overtime under the Fair Labor Standards Act (“FLSA”).Continue Reading U.S. Supreme Court Clarifies Employers’ Burden To Prove FLSA White Collar Exemptions, but Questions Persist Regarding Salary Requirements

With 2025 quickly approaching, Illinois employers should be aware of new changes in Illinois state employment laws. There are a number of Illinois employment laws and amendments that have either recently gone into effect or are set to go into effect January 1, 2025. This post is a summary of the new laws that went into effect or will be in effect in 2025 to help Illinois employers be ready to comply with all the new changes.Continue Reading Illinois Labor and Employment 2025 Employment Law Update

Last month, the U.S. Equal Employment Opportunity Commission (“EEOC’) unveiled its highly anticipated Enforcement Guidance on Workplace Harassment.

After almost a decade of efforts to update its harassment guidelines, the EEOC’s new guidance delves into topics that are most relevant to the modern workforce. The guidance sets forth the EEOC’s position on its definition of “protected characteristics” and identifies workplace behaviors that rise to the level of harassment. These topics include, for example, the #MeToo movement which swept the nation with well-publicized lawsuits involving sexual harassment and sexual violence and the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia, where the Court ruled that Title VII of the Civil Rights Act protects workers from discrimination based on their sexual orientation and gender identity.Continue Reading The Equal Employment Opportunity Commission Issues New Guidance Regarding In-Office and Virtual Harassment in the Workplace

On January 9, 2024, the U.S. Department of Labor issued final rules for employers to determine if a worker is an independent contractor or employee. Workers who do not meet the new criteria under the rule must be classified as employees and subject to the Fair Labor Standards Act  (“FLSA”) protections and requirements. If misclassified, these workers must be treated as employees and will be eligible for overtime pay, unless they otherwise satisfy the requirements to be considered exempt, and be subject to the minimum wage requirements under the FLSA. The employer would also need to comply with the recordkeeping requirements and maintain daily and weekly time records for the worker.Continue Reading To Be or Not to Be (An Independent Contractor): U.S. Department of Labor Issues Final Rules for Employers

Changes to Illinois and City of Chicago Labor and Employment Laws

I. Passing of the Illinois Paid Leave for All Workers Act (PLFAW).

The new Illinois Paid Leave for All Workers Act becomes effective on January 1, 2024. The Act applies to most employees in the state, with very limited exceptions (notably students and independent contractors are excluded). Employers may use two alternative methods to comply with the PLFAW.Continue Reading Illinois 2023 Year-End Reminders and Changes Coming to Employment Law in 2024 and Beyond

On August 4, 2023, Governor Pritzker signed into law a recent overhaul of the Illinois Day and Temporary Labor Services Act (the “Act”). Since the Act was passed in 2000, the number of low-wage day or temporary laborers (“Temporary Workers”) in Illinois has more than doubled, rising from approximately 300,000 to 650,000. The recent amendments to the Act impose new responsibilities on staffing agencies and companies utilizing temporary workers to meet their staffing needs.Continue Reading Sweeping Changes to Illinois Day and Temporary Labor Services Act Now in Effect

The Illinois general assembly kicked off 2023 off by passing the Paid Leave for All Workers Act (the “Act”). Governor Pritzker is expected to sign the bill later this year. Once signed, the Act will go into effect on January 1, 2024, and will make most Illinois private-sector employees eligible for up to 40 hours of paid time off per year.Continue Reading Illinois Mandates “Any Purpose” Paid Leave for Most Employees Starting in 2024

The U.S. Department of Labor on Tuesday unveiled a six-step “economic realities” test that looks to narrow the ability of employers to classify workers as independent contractors. The changes have broad implications as to whether, under federal law; workers are entitled to minimum wage and overtime pay; employers must comply with recordkeeping requirements for such employees; and payroll taxes such as FICA, workers’ compensation, and unemployment must be paid with respect to these workers. The misclassification of workers as independent contractors also can have dire consequences for employers based on the potential assessment of liquidated (double) damages and attorney’s fees under the Fair Labor Standards Act, particularly where such claims are brought as collective actions. The Department suggests that 10-30% of employers in the private sector are, per the proposed rule, misclassifying employees as contractors.
Continue Reading Employees in Disguise: Proposed Rule Would Roll Back Trump-era Independent Contractor Rule