The Use of Staffing Agencies Is About To Get More Expensive (and Risky) in Illinois


As we have reported in the past, utilizing temporary staffing agencies to fill gaps in labor needs can be an efficient and economically beneficial way for companies to meet business demands.  This is particularly true in today’s “gig economy,” where short-term staffing needs are high but small or mid-size companies do not have the resources or ability to hire permanent workers to complete the job.

But, as we have also cautioned, doing so comes with certain risks.  Even as the Trump Administration rolls back Obama-era joint employer protections for certain workers, at least some states are making it more expensive and difficult to engage temporary staffing services, at least in the same manner as has been the traditional engagement.

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Sales Commission Agreements Can Limit Potential Liability


A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any repair parts purchased.  The employee also receives a 2% commission on the annual service plan the customer purchases to maintain its new cooler.  At the end of the year, the employee quits.  The customer continues to purchase the annual service plan.

Does the former employee have a valid claim for continuing commissions for future repair parts and service plans the customer purchases?

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Tax Reform/Tax Cuts, Who Cares? Tax Gross Up Damages Are Available Under Title VII


Tax reform legislation is certainly one of the hottest topics in the media. Among others, several of the pressing questions regarding the proposed legislation are: Will it pass? If so, who will receive tax relief (and who won’t)? It goes without saying that many Americans are paying close attention to these questions because it may affect the amount of money they take home.

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Legal Compliance In A Harassment-Conscious Environment


As noted in our Legal News Update – Me Too, But Now What? What Board Members Need to Know About Workplace Sexual Harassment – allegations regarding workplace harassment have recently been a major focus of traditional and social media outlets.  From the #MeToo campaign to Susan Fowler’s blog testimony about her experiences involving harassment in the corporate world to the Harvey Weinstein NY Times sexual harassment investigation and upheaval in Hollywood, workplace harassment is front and center.

This particular blog post is not going to recount all of the recent occurrences, nor will it provide a history lesson on the genesis of sexual or other harassment. Rather, we will provide you with some practical compliance advice and recommendations as to what you should be doing to ensure that your company stays ahead of the concerns that are rocking America.

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Time to Think About Holiday Bonuses


Halloween has passed and we are now squarely approaching the holiday season. While this time of year brings many good things, it can also bring unwanted headaches for employers wanting to spread some “holiday cheer,” especially those who forget how bonuses may affect payment of overtime. So, while we recently discussed bonuses in general, now is a good time for a refresher on bonuses and overtime pay in the context of holiday payments.

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