Protecting Employers Since 1985

Independent Contractor Legal Battle Now May Include Accusations of Unfair Competition

By Nancy E. Joerg / October 26, 2018

In September 2018, yet another lawsuit was filed against Uber, the ride-hailing company that has had several lawsuits filed against it, many about the classification issue of whether Uber drivers are employees or independent contractors. Uber has found some effective legal defenses in these lawsuits against it, so now a unique kind of lawsuit has…

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With Justice Brett Kavanaugh Appointed To The United States Supreme Court, The Court Is Likely To Issue Pro-Employer Decisions In The Years To Come.

By Joseph H. Laverty / October 24, 2018

No matter what your political view is regarding Justice Kavanaugh’s lifetime appointment to the U.S. Supreme Court, employers can expect Justice Kavanaugh to be a strict constructionist of the many labor and employment statutes that employers must abide by. Prior to being appointed to the high court, Justice Kavanaugh was appointed to the U.S. Court…

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What Policies Should A Company Have in Their Employee Handbook?

By Anthony J. Caruso Jr. / October 22, 2018

An employee handbook provides communication between employer and employee as to the rights and responsibilities of each party. It is the basis for the terms and conditions of the relationship What types of policies should be in the employee handbook of Illinois employers? Below is a list of examples: Employment Relationship Policy Discrimination/Harassment/Violence/Bullying Policies Compensation…

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Purchaser Beware

By Walter J. Liszka / October 22, 2018

If you are acquiring a Company through purchase and you are not paying close attention to potential Labor issues, you could be creating serious and risky problems for the future. It is extremely important to understand that liability in the context of Labor and Employment related issues are governed by Contract and Common Law Successorship…

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Voting Regulations

By Walter J. Liszka / October 17, 2018

With the hotly contested Mid-Term Elections that are coming up on Tuesday, November 6, 2018, all Employers in the State of Illinois should be aware of their obligations with regard to their employees, both with regard to actual voting and with regard to their employees serving as an Election Judge or Precinct Official. TIME OFF…

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New Illinois Expense Reimbursement Law

By Joseph H. Laverty / October 15, 2018

Placing new legal burdens on employers in Illinois, on August 26, 2018, Governor Rauner signed into law an amendment to the Illinois Wage Payment and Collection Act (IWPCA), requiring employers to reimburse their employees for all expenses within the scope of “necessary expenditures incurred by the employee within the employee’s scope of employment and directly…

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Resignation or Discharge?!?!: How the Illinois Department of Employment Security Actually Evaluates this Question

By Nancy E. Joerg / October 10, 2018

Many times clients/employers struggle over whether they should graciously offer the option of resigning to an employee whom they actually wish to fire. The client/employer reasons that the fired employee might prefer to tell “the world” that he himself has resigned from his job, rather than admitting that he was fired. But the client/employer sometimes…

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Sexual Conduct Does Not Always Constitute Sex Discrimination

By Alan E. Seneczko / September 26, 2018

Wait, what? If the conduct directed at an employee is sexual in nature or has sexual connotations, doesn’t that automatically make it unlawful sexual harassment? Not necessarily. In Smith v. Rosebud Farm, Inc., Case No. 17-2626 (7th Cir. Aug. 02, 2018), the Seventh Circuit Court of Appeals, which governs Illinois, Wisconsin and Indiana, recently revisited…

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I-9 Audit Notices on the Rise

By Walter J. Liszka / September 26, 2018

With all the furor in the media with regard to the “Border Wall” and United States immigration policy, Employers are losing sight of an even more prominent threat. The Homeland Security Investigations Unit (HSI), which is the investigative agency within the United States Immigration and Customs Enforcement Group and responsible for Form I-9 compliance, has…

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Exotic Dancers Found By Jury To Be Misclassified Independent Contractors

By Nancy E. Joerg / September 24, 2018

Exotic dancers can be properly classified as either employees or independent contractors depending on how the working relationship is structured. But when the independent contractors believe they have been misclassified and should have really been employees, lawsuits may result. THRESHOLD LEGAL ISSUE: A Florida federal jury (under the U.S. District Court for the Southern District…

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