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Photo of Employment Law Observer Susan M. Kusper
Associate
skusper@hinshawlaw.com
312-704-3219
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Susan Kusper focuses her practice in labor and employment law, with particular emphasis in complex employment litigation. She works with …

Showing 17 posts by Susan M. Kusper.

Seventh Circuit Upholds Tip Credit Pay for Related, Non-Tipped Duties

As those in the restaurant industry know well, federal and state law allow employers to pay tipped employees less than the required minimum wage with the expectation they will receive enough tips to make up the difference. This is referred to as a "tip credit." There has long been a battle within wage and hour suits over whether and when an employee paid under the tip-credit can still be paid the below minimum wage rate while performing "side-work" or non-serving duties that do not directly result in tips from customers. In a decision issued on July 15, 2016, the Seventh Circuit helped clarify the line, finding that an employer did not violate wage laws by paying its servers under the tip credit for side work those servers performed. More ›

NLRB Makes it Easier to Unionize Temporary Workers

On Monday, the National Labor Relations Board made it easier for unions to organize temporary workers in a 3-1 decision in the case Miller & Anderson. In doing so, the Board reversed its ruling in Oakwood Care Center, 343 NLRB 659 (2004) and returned to the standard established in M.B. Sturgis, Inc., 331 NLRB 1298 (2000).  More ›

DOL Updates Federal Contractor Regulations Prohibiting Sex Discrimination for First Time Since 1970

On Tuesday, the U.S. Department of Labor announced a final rule to expand sex discrimination guidelines for federal contractors and subcontractors. The final rule updates—for the first time in over 40 years—the Office of Federal Contract Compliance Programs' sex discrimination regulations to align them with current interpretations of Title VII of the Civil Rights Act of 1964 and the realities of today's diverse workforce. More ›

New York District Court Holds Sexual Orientation not Protected by Title VII

Last week, the Equal Employment Opportunity Commission ("EEOC") announced filing its first federal lawsuits against private-sector businesses, challenging sexual orientation discrimination as sex discrimination. Coincidentally, a week later, the U.S. District Court for the Southern District of New York held in Christiansen v. Omnicom Group, Inc. that, although sexual orientation discrimination is "reprehensible," it does not violate Title VII. These cases demonstrate the legal community's struggle in defining and interpreting the law as currently written while, at the same time, attempting to ensure equal protections for gay and lesbian individuals. More ›

Trend Alert: NLRB Holds Employee Acting Alone Engages in Concerted Activity

The NLRB, and courts interpreting the National Labor Relations Act ("NLRA"), consistently have held that to engage in concerted activity protected by Section 7, two or more employees must take action for their mutual aid or protection regarding terms and conditions of employment. Key takeaways: "two or more" and "mutual." But, as the title of this article suggests, even a lone wolf may fall within this definition in certain circumstances.       More ›

President Obama Proposes to Expand Overtime to over five Million Salaried Workers

On June 29, 2015, President Obama unveiled a dramatic change to the country's overtime pay law in an opinion piece published by the Huffington Post. The president's proposal seeks to extend overtime protection to nearly 5 million employees by raising the minimum threshold for guaranteed overtime pay from an annual salary of $23,660 to $50,440. Employees falling within the expansion would be guaranteed time-and-a-half for all hours worked over 40 hours in a week; in other words, if the rule takes effect as intended, the President will in one fell swoop have reverted a massive subsection of middle-income workers from exempt to non-exempt status, thereby entitling them to overtime pay. Further, going forward, the rule would link the minimum exemption salary to inflation levels, with the goal of avoiding another severe adjustment such as this in the future. More ›

DOL Issues Updated FMLA Certification Forms

The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. More ›

Connecticut Restricts Employer Access to Employees' and Applicants' Social Media

Connecticut has joined a growing number of other states in seeking to protect personal social media accounts of employees and potential hires. In early May, the state's General Assembly passed Senate Bill No. 426 (2015) titled "An Act Concerning Employee Online Privacy." More ›

Déjà vu all over Again: NLRB Rejects Employer's Handbook Policies

You may have noticed that the NLRB has been coming down pretty hard on employment policies, practices and handbooks lately. They've added yet another decision to the arsenal this past month.  More ›

EEOC not Required to Identify Aggrieved Individual in Title VII race Discrimination Claim

On April 7, 2015, the U.S. District Court for the Northern District of Illinois held that the Equal Employment Opportunity Commission ("EEOC") is not required to identify an aggrieved individual in order to pursue a race discrimination claim pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII").  More ›

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