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Kristin E. Michaels focuses her practice on all aspects of labor and employment litigation and counseling. Her practice is national in scope and her clients include employers from a wide range of industries, including hospitality, media, manufacturing, telecommunications, retail, steel, health care, automotive, cable and utilities. Read Kristin Michaels's full bio.

The Illinois Biometric Information Privacy Act is having its moment. At least 32 class action lawsuits have been filed by Illinois residents in state court in the past two months challenging the collection, use and storage of biometric data by companies in the state. This may cause a reassessment of company strategies and development of new defenses in the use of advancing biometric technology.

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The federal government’s focus on pay equity and pay data, and the passage of groundbreaking equal pay laws in a number of states, has been one of the biggest employment law developments of 2016. Litigation involving pay equity claims has also risen in the past year. Given the increased focus on pay equity from these multiple sources, employers are well-advised to examine their compensation policies and practices.  Understanding and applying the varying tests for pay equity under federal and state statutes can pose a challenge, however.

On January 24, McDermott hosted an in-depth webinar to discuss the federal Equal Pay Act; state equal pay laws; the EEOC’s pay data rule; how to conduct a pay equity study; and employer defenses to pay equity claims.

To view the archived presentation slides, please click here.

To view the archived webinar, please click here.

The federal government’s focus on pay equity and pay data, and the passage of groundbreaking equal pay laws in a number of states, has been one of the biggest employment law developments of 2016. Litigation involving pay equity claims has also risen in the past year. Given the increased focus on pay equity from these multiple sources, employers are well-advised to examine their compensation policies and practices. Understanding and applying the varying tests for pay equity under federal and state statutes can pose a challenge, however.

To learn more, please join us for an in-depth webinar on Tuesday, January 24, 2017 at 12:00-1:00pm EST.

A federal district court judge in Texas issued an order granting a temporary injunction late Tuesday against the Department of Labor’s new overtime exemption rule that was scheduled to take effect December 1. This article contains some practical tips on what employers should do next.

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In its first major guidance of 2016, the U.S. Department of Labor has issued a definition of joint-employer status under the Fair Labor Standards Act that is even broader than the definition of joint-employer status issued by the National Labor Relations Board last summer. Coupled with its 2015 guidance on the misclassification of independent contractors, the DOL has greatly expanded the definition both of who is an employee and who is an employer.

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On December 30, 2015, a federal judge in the Western District of Wisconsin ruled in favor of Flambeau, Inc. and against the Equal Employment Opportunity Commission (EEOC) in holding that Flambeau’s medical exams as part of its wellness program and self-insured medical plan did not violate the Americans with Disabilities Act (ADA).

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Recent independent-contractor misclassification guidelines, and proposed changes to the overtime rules by the U.S. Department of Labor, underscore that employers should be reviewing their independent-contractor classifications and wage and hour exempt-employee classifications. But even if an employer has correctly classified its own workforce, it still may be held responsible for a variety of employment liabilities if it is found to be a ‘joint employer’ with another company which has misclassified its workers. This On the Subject provides practical tips for avoiding joint-employer arrangements.

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