Protecting Employers Since 1985

“Me Too” Movement and “Hush Money”

By Walter J. Liszka / April 3, 2018

It reached a similar conclusion with respect to her FMLA claim: With the ever increasing coverage and commentary regarding sexual harassment issues (even Speaker Mike Madigan’s office recently) there have been two (2) very interesting developments in the arena of sexual harassment/sexual abuse that Employers should be aware of. Our brilliant legislators in the Federal…

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Expunged Conviction Not A “Conviction” Under WFEA

By Alan E. Seneczko / March 20, 2018

HR professionals that conduct criminal background checks on prospective employees are well aware of (or should be) the Wisconsin Fair Employment Act’s prohibition against discrimination on the basis of an individual’s arrest or conviction record. Under the WFEA, an employer may not discriminate against an employee or prospective employee on the basis of a pending…

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Temporary Employees May Sue Host Employers for Injuries

By Alan E. Seneczko / March 19, 2018

In a stunning recent decision, the Wisconsin Court of Appeals held that temporary employees who are injured/killed while performing services for their host employer have the right to choose between the receipt of workers’ compensation benefits under the Wisconsin Worker’s Compensation Act or the pursuit of a personal injury claim against the host employer. Under…

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Unions Continue to Win Significant Percentage of Representation Elections in 2017

By Wessels Sherman / March 18, 2018

According to a report just issued by Labor Relations Institute (LRI), unions won 71% of the representation elections conducted by the National Labor Relations Board (NLRB) in 2017. This is consistent with union success rates in recent years and has resulted in over 54,000 newly organized union members last year. Meanwhile, unions lost approximately 4,000…

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Union Organizing–“This Is An Emergency!”

By Richard H. Wessels / March 16, 2018

Nancy Joerg heard me talking on the phone with a client the other day. She liked the advice and asked me to write a commentary for our next Wessels Sherman Client Alert. The subject that I was discussing with a company president was one that doesn’t get much attention these days-union organizing. Union organizing in…

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Non-Compete Statute Applies To No-Raiding Provisions

By Alan E. Seneczko / March 15, 2018

The enforcement of non-compete agreements in Wisconsin is governed by the provisions of Wis. Stat. § 103.466, which sets forth five requirements that must be met in order for the restriction to be enforceable. Over the years, the courts have found that these restrictions applied not just to traditional non-compete agreements, but also to agreements…

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Don’t Have a Neutral Absenteeism Policy: Warning to Employers!

By Anthony J. Caruso Jr. / March 6, 2018

Some Illinois employers may have neutral absenteeism policies that “administratively terminate” any employee who has failed to return to work from a medical leave of absence after a stated period of time such as one year or some other period of time set by the company. This kind of policy is not advisable because it…

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Can My Employee Demand To See His Personnel File?!

By Nancy E. Joerg / February 15, 2018

It Depends On What State You Are In!! State laws set the rules governing employers’ legal obligations to allow employees and former employees, see their own personnel files. Therefore, employers should have a firm grasp on the legal rules for employee access to their own personnel files. Thirty-five states and the District of Columbia have…

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Avoiding Employment Lawsuits

By Walter J. Liszka / February 12, 2018

Over my rather lengthy career as a Management-Oriented Labor/Employment Lawyer (started November 6, 1972 with the Walgreen Company), I have seen a drastic and very unfortunate change in the Employer-Employee relationship. Over the last ten (10) years, there has been an over 500% increase in Employee Litigation. You do not need a Lawyer to tell…

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Three New Laws Affecting Employers Became Effective January 1, 2018

By Joseph H. Laverty / January 24, 2018

I. Illinois Amends State Genetic Information Privacy Act Illinois has amended the state Genetic Information Privacy Act (GIPA). Amended Law Under the amendment, an employer is prohibited from penalizing an employee who does not disclose his or her genetic information or does not choose to participate in a program requiring disclosure of the employee’s genetic…

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