Protecting Employers Since 1985
On Wednesday, June 7, 2017, the U.S. Department of Labor (US DOL) issued a three sentence statement trumpeted by national news and happily noted by many employers. The recently-confirmed Labor Secretary, Alexander Acosta, personally announced that he has withdrawn the US DOL’S two Interpretations on two key legal issues worrying many businesses: joint employment and…
Read MoreOver the last ten years or so, Employment Practice Liability Insurance (“EPLI”) has become a more and more common form of insurance coverage for businesses. Unlike traditional sources of coverage, which insure against risks associated with business operations, products, work injuries, hazards, etc., EPLI covers an employer against liability stemming from employment practices, such as…
Read MoreSince 2012, there has been an ongoing saga created by the National Labor Relations Board (NLRB) as to whether or not an Employer can require its Employees, as a Condition of Employment, to agree to arbitrate all Legal Claims against the Employer on an individual basis only, thereby waiving Class and Collective Action Procedures. The…
Read MoreThe Seventh Circuit Court of Appeals’ landmark decision in Hively v. Ivy Tech Community College of Indiana (Case No. 15-1720), which established that Title VII of the Civil Rights Act of 1964 bans discrimination on the issue of sexual orientation, may be an indication that the Courts are willing to adopt much more inclusive positions…
Read MoreIn recent years, many states have passed laws attempting to regulate ride-hailing companies such as Uber (and other members of the “gig economy”). These new laws cover how to treat independent contractors with regard to insurance requirements, recordkeeping, inspections and background checks, etc. GIG ECONOMY: The term “gig economy” is new and confusing. Generally speaking,…
Read MoreOn May 8th President Trump began nominating judges to fill more than 125 existing vacancies in the nation’s federal courts. Among his first 10 nominees following the recent appointment of Justice Neal Gorsuch to the U.S. Supreme Court, is our own Minnesota Supreme Court Justice David Stras, whom the President nominated to a seat on…
Read MoreWessels Sherman’s Minnesota office hosted the firm’s annual labor and employment law seminar for employers, accountants, attorneys and other business professionals on April 28, 2017 at the beautiful Radisson Blu, Mall of America hotel. James Sherman, firm President/CEO and Founder/Managing Shareholder of our Minneapolis office, welcomed the room full of attendees who came from four…
Read MoreAs a number of Clients of the Firm would state, over the last ten (10) years, the author has been advising them to get out of/not participate in the Unions’ Multi-Employer Pension Funds. It has long been the opinion of the author that this is a quasi-Ponzi Scheme and was destined for failure from the…
Read MoreIt reached a similar conclusion with respect to her FMLA claim: While the liability of employers in the State of Illinois has been expanded substantially by recent amendments to the Illinois Human Rights Act and the recent decision of the US District Court of Appeals for the Seventh Circuit in the Hively v. Ivy Tech…
Read MoreThis article is being written as a cautionary tale for readers who are interested in how to have a good outcome in an Illinois Department of Employment Security (IDES) audit, especially where independent contractors (1099 workers) are at issue. I have been helping Illinois companies to defend against IDES audits for almost 30 years, and…
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