Protecting Employers Since 1985
Substance abuse (whether it be related to alcohol or drug use) is a potentially serious workplace issue that can quickly become extremely complicated. It is very important for all Employers to keep in mind that substance abuse can, in and of itself, be considered as a serious health condition and as such, may come under…
Read MoreOn May 21, 2018, in a 5-4 majority decision, the U.S. Supreme Court in Epic Systems Corp. v. Lewis ruled that employers can require as a condition of employment that workers waive their rights to participate in class action lawsuits by entering into a mandatory arbitration clause in their employment agreement. Supreme Court Justice Neil…
Read MoreOne of the constants over the last few decades in Labor and Employment Law has been the fact that our society has become more litigious (i.e. people file lawsuits at the drop of a hat). Unfortunately, that saga now seems to be impacting the “older generation” as well. On April 26, 2018, the Seventh Circuit…
Read MoreDick Wessels’ Client Visits and Restaurant Tips Client visits: You may have heard that our firm’s founder, Dick Wessels, since 1985 has had a practice of paying a short visit to clients and friends of Wessels Sherman. His deep conviction is that it is important to actually visit the place of business to get a…
Read MoreGood news for business! On April 11, 2018, the US Senate confirmed Morgan Lewis & Bockius attorney John Ring to fill the National Labor Relations Board’s only remaining vacancy. With this confirmation, the NLRB will be at full strength with a 3-2 pro-business majority. This clears the way for the Trump administration appointees to resume…
Read MoreDid you Count Temp and Part-Time Employees? If you are a Company covered under the Family and Medical Leave Act (FMLA), eligible employees are entitled to leave (either consecutive or intermittent) of up to 12 work weeks of leave in a 12 month period under certain circumstances. PLUS the Company must continue to pay the…
Read MoreThe purpose of this article is to update readers on what has been happening recently with Illinois Department of Employment Security (“IDES”) Hearings (and IDES audits) regarding the classification of owner-operator truck drivers (i.e., are they independent contractors or misclassified employees for purposes of Section 212.1?). SECTION 212.1: Many readers will know that the IDES…
Read MoreAsking job applicants how much they make with their current employer, or what they’ve been paid in prior positions, are common questions in job interviews for many hiring employers. While questions on salary history generally are not per se unlawful – yet – they can land an employer in hot water. The legal theory against…
Read MoreOn April 3, 2018 the Department of Labor implemented a new pilot program, in effect for the next six months, under which employers may correct inadvertent minimum wage and overtime violations without the imposition of penalties or liquidated damages (employers must still pay 100% of any back wages owed). Under the new program – Payroll…
Read MoreThere has been so much written lately both in gossip columns and legal (and standard) news about sex harassment in the workplace. Employers are understandably quite nervous about dating among co-workers. Can it lead to lawsuits? When does it deteriorate to sex harassment? What should an employer do? LAYER OF LEGAL PROTECTION: Workplace dating is…
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