July 2015 Archives • Carlson Dash

Summer has finally arrived in the Midwest and we hope you have been able to take some time to enjoy it with family and friends. This past month we have been looking at various employment law issues. We posted blogs on guns and marijuana in the workplace and Uber’s independent contractor ruling and this month’s Digest takes a look at the proposed change to overtime rules and how it may affect you or your business.

ILTA Conference

The Illinois Land Title Association (ILTA) held its annual convention July 8-10 in Delavan, WI. The ILTA is focused on providing professional level education and government advocacy to companies in the business of insuring titles to real estate. Jim Dash, who serves on ILTA’s Title Counsel Committee, attended the event which included a panel discussion on how new rules promulgated by the Consumer Fraud Protection Bureau (CFPB) will impact title companies and their customers. Proposed changes previously scheduled to take effect August 1st have been delayed to October 3rd. Stay tuned for a future blog post outlining these changes.

ABI Publication

Jeff Altshul’s article Secured Creditors Must Insist on Credit-Bidding Rights; Otherwise Waivable was published on ABI’s website last month. If you missed it you can read the article here.

Will Your Exempt Employees Remain Exempt?

Due to a proposed change to the Fair Labor Standards Act, employers may have to choose between the lesser of two evils – giving certain affected employees an immediate raise or paying those employees overtime wages. Read more about the changes directed by President Obama here.

FedEx Drivers – Employees, Not Independent Contractors

FedEx drivers are employees and not independent contractors. So says the Kansas Supreme Court and the Seventh Circuit Court of Appeals. In addressing FedEx’s arguments related to the decision of the Kansas Supreme Court, the Seventh Circuit recently stated that “FedEx’s understanding of the Kansas Supreme Court’s decision strays from reality.” However, FedEx has not taken this and other rulings lying down. Since 2011, with Courts in numerous jurisdictions ruling that the drivers are employees and not independent contractors, FedEx has responded by contracting the driving out to incorporated businesses. Interested in reading more?