Protecting Employers Since 1985

Governor Rauner Vetoes Expansion of Some State Anti-Discrimination Laws Which Would Have Included Small Illinois Employers (Less Than 15 Employees)

By Anthony J. Caruso Jr. / August 13, 2018

Good news for Illinois employers! On August 13, 2018, Illinois Governor Rauner vetoed House Bill 4572. This proposed “anti-business” legislation would have expanded the definition of employers covered under the Illinois Human Rights Act with regard to employment discrimination of certain types (i.e., race, national origin, religion) from employers with 15 employees or more to…

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House Bills Signed by Governor Rauner to Combat Sex Harassment

By Nancy E. Joerg / August 10, 2018

On Friday, August 10, 2018, Governor Rauner signed two new legislative measures in the attempt to end sex harassment at the Capitol and elsewhere. House Bill 4243 takes effect immediately and forbids tax dollars to be used to settle sex harassment claims. The goal is to prevent lawmakers and their staff from using public monies…

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Absenteeism And Proof Of “Misconduct”

By Alan E. Seneczko / August 2, 2018

The Wisconsin Unemployment Compensation Act defines “misconduct” to include “absenteeism on more than 2 occasions within the 120-day period before the date of the employee’s termination, unless otherwise specified by [the] employer in an employment manual [which the employee has acknowledged receiving].” Wis. Stat. § 108.04(5)(e). What if the employer’s attendance policy defines excessive absenteeism,…

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Intent To Discriminate No Longer Inferred From Conduct Caused By Disability

By Alan E. Seneczko / August 1, 2018

Over the last several years, the Wisconsin Labor and Industry Review Commission (“LIRC”) has developed a maddening interpretation of the Wisconsin Fair Employment Act as it relates to disability discrimination; that is, if the conduct that prompted an employee’s discipline was caused by a disability, then taking action based on that conduct is an act…

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Weingarten Rights A’Changin’

By Walter J. Liszka / July 31, 2018

A few years ago, there was grave concern that the “Weingarten Rights”, 420 U.S. 251 (1975) were going to be extended from just Unionized Employers to Non-Union Employers with the Non-Union individual who may be subject to discipline getting the right to ask a coworker to be present during any Disciplinary Interview. This did not…

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Historic Supreme Court Decision Today Goes Against AFSCME

By Richard H. Wessels / June 27, 2018

The US Supreme Court issued its decision in Janus v AFSCME minutes ago ruling against the union in the public sector union fee case. This is a devastating body blow to organized labor. Click below to read the historic decision. Questions? Contact us.

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NLRB General Counsel Issues Much Needed Guidance on Lawful Employee Handbook Provisions

By James B. Sherman / June 27, 2018

On June 6th newly appointed General Counsel to the National Labor Relations Board, Peter B. Robb, issued comprehensive new guidance on employee handbook provisions. The guidelines direct the Board’s Regional Directors throughout the country to reverse course from years of decisions issued by the Board majority appointed by then President Obama. Under the Obama Board…

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How Should A Company Respond When It Suddenly Receives an IRS Form SS-8 in the Mail!??

By Nancy E. Joerg / June 26, 2018

The Answers to the Top Ten Employer Questions When a company uses independent contractors, it is not unusual for the Company to suddenly get a letter from the IRS that a current or former worker has submitted an IRS Form SS-8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding).…

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LGBTQ Rights vs. Religious Freedom – Fight Lasts for Another Day!

By Walter J. Liszka / June 25, 2018

On Monday, June 4, 2018, the United States Supreme Court issued its ruling in Masterpiece Cake Shop Ltd, et al. v. Colorado Civil Rights Commission, et al. Case No. 16-111 in which it ruled in favor of a Christian baker who had refused to bake a custom wedding cake ordered by a same-sex couple in…

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Help! I Just Found Out I Am Going To Be Audited By The IDES!

By Nancy E. Joerg / June 20, 2018

What Should Our Company Do?! As an attorney who has been helping Illinois companies with these kinds of sudden IDES audit notices for the last 30 years, I am well aware of the panic that often sets in when an Illinois company opens a letter from the Illinois Department of Employment Security (IDES), and it…

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