Employers should review their salary levels for exempt employees in preparation for a new rule effective July 1, 2024.

The Fair Labor Standards Act ("FLSA") has certain exemptions available from minimum wage and overtime pay. For the white collar exemptions (executive, administrative, and professional employees), the annual salary threshold is increasing from $35,568 ($684/week) to $43,888 ($844/week) on July 1 and again on January 1, 2025 to $58,656 ($1128/week). The duties test and salary basis test to qualify for the executive, administrative, or professional exemption are not changing and still need to be met in order to qualify for these exemptions.

Gutwein Law is delighted to announce the addition of Nicholas C. Dugan, a real estate and corporate law attorney, to its Indianapolis office. With more than a decade of diverse experience and a proven track record of success, Nick brings an invaluable skillset to Gutwein Law’s team.

"We are thrilled to welcome Nick," said Stuart Gutwein, Managing Partner at Gutwein Law. "With his extensive experience and comprehensive knowledge of all sides of real estate law, Nick will play a pivotal role in helping our clients and firm continue to grow."

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) issued a rule banning most non-compete clauses in the United States. Lawsuits have already been filed to challenge the rule. However, businesses should prepare for the rule to go into effect 120 days after publication in the Federal Register (“Effective Date”), which is expected soon.

A non-compete clause is a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: (i) seeking or accepting work with a different person after the employment has ended; or (ii) operating a business after the employment has ended. Non-compete clauses can be part of a written or oral agreement, such as an employment agreement, separation or severance agreement, confidentiality and nondisclosure agreement, or as part of a workplace policy, such as in an employee handbook.

Does your business engage independent contractors to provide products or services in Illinois, or is your business located in Illinois? If so, the Freelance Worker Protection Act imposes new obligations on contracting entities and gives freelance workers various remedies and rights for violations.

Illinois enacted the Freelance Worker Protection Act effective July 1, 2024. The Act applies to freelance workers providing products or services in Illinois or to a contracting entity located in Illinois. Contracting entities must have a written agreement with freelance workers for contracts taking effect after July 1, 2024.

Keeping track of employee documentation can be tedious for employers, but it's a necessary step and can be especially helpful in a variety of situations. Various federal and state laws require employers to keep and maintain certain employee records, and if there is an employee-related issue, information in a personnel file may help establish an employer’s claim or defense in employment litigation.

But the big question is: what kind of documentation should employers file away? In comes our personnel file checklist. Below is our recommendation for what documents you should keep in personnel files and those you should keep separately.