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The Occupational Safety and Health Administration (OSHA) has just reminded Temporary Staffing Agencies and their clients (i.e. the Host Employer) that they are jointly liable and responsible for a Temporary Employee’s safety and health in two (2) new Guidance Documents relating to respiratory protection, noise exposure and hearing conservation. Nearly two (2) years after its…
Read MoreIn 2001, specifically July 12, 2001, the State of Illinois put in place legislation dealing with Nursing Mothers in the Workplace (820 ILCS 260/1, et seq.). This legislation required Employers, who had six (6) or more employees, to allow nursing mothers “reasonable unpaid break time each day” to express breast milk for their infant children.…
Read MoreOn September 22, 2017, Illinois Governor Bruce Rauner signed new legislation (effective July 1, 2018) called the Illinois Employee Misclassification Referral System Act. This law requires the Illinois Department of Labor to create an online misclassification referral system on the DOL website. As such, the misclassification complaint may be automatically referred to the Illinois Department…
Read MoreThere is a lot of confusion among employers about what is legally required in Illinois regarding vacation pay for company employees. The following are some commonly asked questions: 1. Does an Illinois employer have a legal obligation to offer its employees paid vacation? Answer: No, unless there is in place a Company policy or individual…
Read MoreOn August 28, 2018, the Department of Labor, Wage and Hour Division, issued six new opinion letters on issues under the Fair Labor Standards Act and Family Medical Leave Act. They are summarized below: “No-fault” attendance policies and roll-off of attendance points under the FMLA – attendance policy that “freezes” attendance points accrued prior to…
Read MoreAdministering employee leaves of absence is complicated. For employers of 50 or more employees there obviously are the Family and Medical Leave Act (FMLA) and D.O.L. regulations to deal with. Then there is the EEOC, which has interpreted the Americans with Disabilities Act (ADA) to require leaves of absence, or extending them under certain circumstances…
Read MoreAn employee handbook provides communication between employer and employee. It sets forth the requirements for employees and notifies them what they can expect from your Company as to legal obligations along with employee rights. Also, a written Equal Employment Opportunity statement gives protection to employers. What should an employer consider in an employee handbook? Keep…
Read MoreIt has become a “sign of the times” that many Employers, rather than attempting to negotiate the maze of potential Legal Issues with regard to Employee Absences for sickness, child care, etc., have gravitated to what has become identified as the “No Fault Attendance Policy”. Under a No Fault Attendance Policy, Employees are assigned certain…
Read MoreCreating a brave new world for taxi and limousine service companies, Uber and Lyft introduced their ride-hailing services approximately six years ago. Time has passed and now urban policy makers are shocked at how these very convenient and popular ride-hailing services have quickly changed transportation options in cities like New York City. To fix a…
Read MoreAs our readers know, a significant portion of our practice here at Wessels Sherman is devoted to representation of employers in cases involving labor unions. This runs the full spectrum from remaining union-free to dealings with organized labor involving negotiations, arbitration, strikes, picketing, boycotts, and virtually all matters coming under the general description of labor-management…
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