Protecting Employers Since 1985

“Shame on You” Strategies

By Richard H. Wessels / February 14, 2019

Construction industry unions, particularly Operating Engineers Local 150, continue to use the strategy which we regularly refer to as “rats, banners and street theater”. They rely on the 2010 Eliason & Knuth NLRB case which gives unions pretty much a green light to engage in secondary boycotts as long as they are not picketing. That…

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New Prime Loses In Its Attempt To Compel Arbitration In Interstate Trucking Case

By Nancy E. Joerg / February 8, 2019

On January 15, 2019, the U.S. Supreme Court issued a decision in New Prime Inc. v. Oliveira, a case concerning the enforceability of arbitration agreements in the interstate trucking sector of our economy. The decision was unanimous (and very anxiously watched by the trucking community nationwide). INDEPENDENT CONTRACTOR OWNER-OPERATOR SOUGHT MINIMUM WAGE THROUGH A CLASS…

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Limitation On Age Discrimination Claim

By Walter J. Liszka / February 7, 2019

Recently, the United States Court of Appeals for the Seventh (7th) Circuit (applicable to the State of Illinois, Indiana and Wisconsin) issued a far-reaching decision on the basis of an 8 to 4 decision (all twelve justices of the 7th Circuit Court of Appeals Hearing and Ruling on the case) establishing that job applicants may…

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Patchwork of Illinois Minimum Wage Laws

By Richard H. Wessels / February 6, 2019

Media outlets are reporting that a new Illinois Minimum Wage law is all but certain to pass before the end of February. A $15 per hour minimum wage bill has been introduced and has the support of newly elected governor J.B. Pritzker. Minimum wage laws can be monumentally confusing. The usual principle is supremacy of…

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Northern Illinois Labor Unions

By Richard H. Wessels / January 31, 2019

In the course of our labor practice over the past 34 years, we have become intimately familiar with the various Northern Illinois labor unions. We have dealt with all of them. Naturally, most of these local unions are congregated in the metro Chicago area. The six country area is one of the few remaining areas…

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Yes, Have Your Independent Contractors (Or Employees) Sign An Agreement To Arbitrate Disputes And Waive Their Rights To Class Action Suits!!

By Nancy E. Joerg / January 29, 2019

Clients are increasingly aware of the growing number of class action lawsuits across the United States. What should the worried company owner do? The logical response is to have independent contractors (or employees) sign a contract under which they agree to mandatory arbitration of all disputes, claims or causes of action arising out of or…

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Legislative Update: Key Changes to the Illinois Human Rights Act New Employee Rights and New Requirements for Employers

By Anthony J. Caruso Jr. / January 25, 2019

On June 8, 2018 and August 24, 2018 respectively, Governor Bruce Rauner signed into law a number of amendments to the Illinois Human Rights Act which in the State of Illinois regulates discrimination claims due to a protected category, disability or sexual harassment claims. New Employee Rights The time to file a charge before the…

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Illinois Health Care Violence Prevention Act

By Walter J. Liszka / January 24, 2019

Illinois is joining a growing number of States (e.g. California; Connecticut; Minnesota; New Jersey, and New York) in enacting specific legislation designated to address workplace violence in the Healthcare Industry. Effective January 1, 2019, the Health Care Violence Prevention Act (210 ILCS 160/1, et seq.) has become effective in the State of Illinois and mandates…

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A NEW YEAR’S RESOLUTION TO AVOID EXTREMELY EXPENSIVE WAGE CLAIMS

By Jennifer Adams Murphy / January 14, 2019

√ Audit compensation classifications and policies √ Implement arbitration agreements The New Year is a time for fresh starts – diets, exercise programs and wonderful sounding self-improvement programs. This is great – but in your quest for improvement, don’t forget about your business! While resolutions to audit employee classifications and compensation policies and to adopt…

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EEOC Lawsuits Demonstrate An Aggressive Position On Employer Obligations To Reasonably Accommodate

By James B. Sherman / January 10, 2019

Employers have a legal obligation to accommodate work-related conflicts posed by an employee’s or applicant’s disability or religious beliefs. This seems simple enough – be “reasonable.” Yet as many business professionals and lawyers know all too well, there is a great deal of room for differences of opinion as to what constitutes a “reasonable accommodation.”…

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