Protecting Employers Since 1985
Over the many years in which I have represented Illinois companies before the Illinois Department of Employment Security (IDES), I have seen the activity level of the IDES ebb and flow. In some years, the IDES is very energetic and active, sending out its army of IDES auditors to audit Illinois businesses (making sure these…
Read MoreIn this ever-litigious society of ours, it is comforting to see reason prevail on occasion, and the court’s recent decision in Summers v. Target Corporation, Case No. 18-C-32 (E.D. Wis. 2019) is a good example. In Summers, an employee contended that his supervisor caused him anxiety, stress, palpitations and panic disorders, for which he was…
Read MoreThe IRS uses a Questionnaire called the IRS Form SS-8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding) to determine when a particular “worker” is an independent contractor and when the “worker” is an employee. This Questionnaire has been used by the IRS for decades. One of the key…
Read MoreWhile the statement “he who hesitates may be lost” has been around for decades, it may be the underpinning of a very recent Supreme Court decision. In a unanimous decision issued by the United States Supreme Court on June 3, 2019 (Fort Bend County vs. Davis, No. 18-525, Argued 4/22/19; Decided 6/3/19) the Supreme Court…
Read MoreIn the case of UPMS Presbyterian Sunnyside, 368 NLRB No. 2-June 14, 2019, the National Labor Relations Board granted Employers greater rights to limit union activity on their premises. Under previous Board law, under the “public space” exemption, Employers had to allow non-Employee union representatives access to the “public areas of their property”, including restaurants…
Read MoreThe first thing to check is: Was the Charge of Discrimination filed “timely”? A Charge of Discrimination must be filed within 300 days after the alleged discriminatory actions, or one year for a fair housing case. Employers accused of discrimination are required to preserve any records pertinent to the Charge. Additionally, employers are prohibited from…
Read MoreMany Illinois trucking companies have independent contractor agreements for owner-operators (to help establish an independent contractor relationship between the Illinois trucking company and the owner-operators who perform services as truck drivers for the trucking company). Illinois has an usual and precise legal definition of owner-operator of trucks as laid out in Section 212.1 of the…
Read MoreOn April 11, 2019, the Illinois state Senate passed Senate Bill 1829, also known as the Workplace Transparency Act. If passed by the Illinois House of Representatives and if signed by the Governor, this Act would impose new requirements and limitations with respect to harassment and discrimination claims on Illinois employers. As of May 10,…
Read MoreAs we approach the summer months with temperatures rising and days getting longer, the issue of summer interns gains more interest for both employers and the interns alike. For the interns, they gain experience, training and exposure to the employment industries and real work life. For employers, they gain new help, new ideas and hopefully…
Read MoreI am fairly certain that a number of readers of this article will have been on airlines or in restaurants where they have observed individuals being allowed to have “service animals” accompany them on their trip or their restaurant excursion. It is not surprising that the issue of service animals in the workplace is now…
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