Labor & Employment Chronicle - Spring 2019 Edition

Welcome to the Labor & Employment Chronicle, our quarterly newsletter that reviews the top stories from Hinshaw's Employment Law Observer blog.

California Employment Laws

The year 2018 saw another slew of new California employment laws—mostly inspired by the #MeToo movement—and Employment Law Observer made sure readers were prepared with a Holiday Season #12Days series of posts, which collectively summarized these law changes.

Biometric Privacy

The issue of biometric privacy is another issue that employers are grappling with, and in January we covered a hugely significant Illinois Supreme Court decision involving the Illinois Biometric Information Privacy Act. As we explained in our post, the court clarified for the first time that employees do not need to prove they were actually injured or harmed in order to prosecute a claim under BIPA.

EEOC Guidance on Wellness Programs

Many employers have started to incorporate wellness programs into their group health plan offerings. A critical component of a compliant wellness program is that it be offered on a "voluntary" basis to all employees; however, there remains considerable uncertainty about the point at which an incentive ceases to be voluntary in the eyes of an employee. We reviewed a 2017 D.C. federal court decision that invalidated an EEOC guidance—effective January 1, 2019—which had established 30% of the cost of coverage as a permissible incentive.

FLSA Overtime Wage Rules

In March, we documented the latest twist in the long-running saga of the DOL's proposed changes to FLSA overtime wage rules. Under the latest proposal, the new salary threshold for overtime pay would be set at $679 per week ($35,308 per year).

State Minimum Wage Law in Illinois

Finally, we provided notice to Illinois employers about a new state minimum wage law, signed by Governor Priztker, which is scheduled to impose double digit minimum wage increases on them through 2025.