Protecting Employers Since 1985

Internal Harassment Complaints

By Walter J. Liszka / December 4, 2019

With the advent of the Me Too Movement and the extensive number of harassment complaints that have been played out in the public forum by the news media, an Employer, on a daily basis, can be confronted with an internal harassment complaint that requires prompt and accurate action by the Employer. Since the Complaint allegedly…

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IRS Form SS-8 Continues To Upset And Confuse Employers Across The U.S.!

By Nancy E. Joerg / December 2, 2019

The IRS SS-8 Program allows either a Company or a Worker to request that the IRS evaluate and determine whether the Worker is an employee or an independent contractor for Federal/IRS Purposes. The resulting Determination by the IRS SS-8 Unit is just the SS-8 Unit’s “opinion” (not an actual audit!). Either party can start the…

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Illinois Employers Alert!: There is A New Illinois Law regarding Severance and Release Agreements!

By Nancy E. Joerg / November 19, 2019

As many readers may be aware, there are several new and significant employment laws that were recently passed in Illinois which become effective January 1, 2020. One of these new Illinois laws, the Workplace Transparency Act, places certain strict legal requirements on Illinois employers in the use of Severance and Release Agreements. 21 DAYS TO…

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Illinois Recreational Cannabis Law Is Raising Many Questions for Employers

By Joseph H. Laverty / November 18, 2019

Over the last month, nearly half the calls I receive are about Illinois’s new recreational cannabis law which takes effect on January 1, 2020. Employers have many questions about the new law. Below are some of the most commonly asked questions that I have received. QUESTION No. 1: When does the new law go into…

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Seneczko Wins Default as Discovery Sanction in Duty of Loyalty Claim

By Alan E. Seneczko / October 15, 2019

Wessels Sherman Attorney Alan Seneczko, managing shareholder of the Wisconsin office, recently won a huge decision in a claim against a former executive for breach of his duty of loyalty to the company (among other claims). The company, Storage Battery Systems, suspected its director of sales was using his position and the confidential information he…

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Wessels Sherman Offers a New Service to its Clients – Early Mediation of Internal Workplace Disputes!

By James B. Sherman / October 10, 2019

Our clients and friends are familiar with many of our firm’s client services, including our skilled litigation team they rely on to handle every sort of workplace litigation when things go bad. Many people also know about our one-of-a-kind phone consultation program, started in the 1980s to help employers avoid workplace issues from winding up…

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Psychological Counselors In Pennsylvania Found To Be Independent Contractors

By Nancy E. Joerg / October 9, 2019

In July 2019, a state appeals court, the Pennsylvania Commonwealth Court (hereinafter “Court”), decided that psychological counselors (who provided services to clients) had been properly classified as independent contractors. [The case is Pathways Counseling Services LLC v. Commonwealth of Pennsylvania et al., Case Number 1332 CD 2018.] Pathways Counseling Services LLC (hereinafter “Company”) referred clients…

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Seventh Circuit Decision-Use Of The “N-Word”

By Walter J. Liszka / October 7, 2019

In recent years, a number of Federal Appellate Courts have issued opinions finding that the single use of a racial slur would be sufficient to constitute a hostile and offensive working environment based on race. On August 21, 2019, the Seventh Circuit Court of Appeals reached the opposite conclusion in concluding that the single alleged…

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Life Raft For Multiemployer Pension Plans

By Walter J. Liszka / October 1, 2019

On July 24, 2019, the United States House of Representatives passed a measure designed to rescue troubled Multiemployer Pension Plans. The Rehabilitation For Multiemployer Pension Act (House Bill No. 397) would provide loans and grants to insolvent and near-insolvent Multiemployer Pension Plans. The measure would create a new Treasury Department Agency-The Pension Rehabilitation Administration, to…

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Operating Engineers Local 150 Remains One of Northern Illinois Most Active Unions

By Richard H. Wessels / September 27, 2019

NLRB statistics and filings often do not reveal the true activity level of Operating Engineers Local 150. Frequently, Local 150’s strategy is more focused on picketing and boycotts, rather than traditional NLRB elections. The reality is that Operating Engineers 150 is probably the most active private sector union in Northern Illinois. They are exceedingly well…

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