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The independent contractor “legal world” is quickly transforming in many ways! It is hard to keep up with the flood of new laws and court cases impacting independent contractor status on both the Federal and State levels. FEDERAL COVID-19 LEGISLATION AFFECTING INDEPENDENT CONTRACTORS: Recently Congress passed two major bills (signed into law by President Trump)…
Read MoreWe now know the basic outline of how the Illinois Department of Employment Security (IDES) will process independent contractor unemployment insurance claims. The IDES issued a press release on May 5, 2020 about 1099 workers who have lost work due to COVID-19. The IDES press release states: “Workers who believe they may be eligible for…
Read MoreIn what may be among the first of many legal disputes arising out of the Coronavirus crisis, an employee in Illinois has filed a lawsuit against the suburban hospital where he worked as a security guard. The plaintiff, Marvell Moody, is alleging that his supervisor berated him for wearing a face mask while working as…
Read MoreUNDERSTANDING THE UNEMPLOYMENT INSURANCE SYSTEM IN AMERICA: Unemployment insurance benefits in the United States started in Wisconsin in 1932. Then came the Social Security Act of 1935 in which the U.S. Federal government encouraged individual states to adopt unemployment insurance plans. In today’s world, the unemployment insurance system across America is run differently in each…
Read MoreIn what may be the first of many to follow, Hooters restaurant chain was hit with a proposed class action lawsuit alleging WARN Act violations. The lawsuit was brought in federal court by two employees on behalf of all employees in Florida whom Hooters allegedly failed to provide with 60 days advance written notice of…
Read MoreOn April 13, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued interim guidance for enforcing OSHA’s recordkeeping requirements as it relates to recording cases of COVID-19. Employers are responsible for recording cases of COVID-19 if the case: Is confirmed as a COVID-19 illness; Is work-related as defined by the regulations;…
Read MoreAs I write this article in the COVID-19 era with the purpose of assisting Illinois companies who use independent contractors, things are moving rapidly in terms of new federal laws, regulations and state guidelines. Changes are occurring at the Illinois Department of Employment Security (IDES) with shocking speed! NEW REGULATIONS AND GUIDELINES CHANGING ALMOST WEEKLY:…
Read MoreCOVID-19 is about the only subject being discussed at Wessels Sherman these days. Of course, there are some exceptions, but COVID-19 is the 800-pound gorilla! While most legal commentaries on COVID-19 focus on minutiae of legislation and regulations, for this commentary we are going to focus on practical information and solutions. And, we will do…
Read MoreAs COVID-19 spreads throughout America, companies are deciding whether to give pay raises to employees, especially those clearly exposed to COVID-19 risks. This is a really hot topic, so much so that we decided to spend a bit of time looking at what is happening. Most of our information is a result of internet searches…
Read MoreIllinois employers take note! The Illinois Department of Employment Security (IDES) has a new notice on its website addressing the remarkable expansion of unemployment insurance benefits under the federal stimulus package known as the CARES Act (Coronavirus Aid, Relief and Economic Security Act). The IDES states that not everyone will be eligible for all the…
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