Protecting Employers Since 1985

Frequently Asked Questions About Illinois Paid Leave

By John D. Simmons / July 31, 2024

Over the course of the year, we have received a number of questions from our clients about Illinois’ various new Paid Leave laws. In this article, we are going to present and address some of the most commonly asked questions we have been receiving. Q: We only have a few employees, are we exempt? No.…

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The Constantly Evolving Landscape of Illinois Paid Leave Requirements in July 2024

By John D. Simmons / June 28, 2024

We have now had several months to begin adjusting to the implementation of Illinois’ Paid Leave for All Workers Act, which went into effect on January 1, 2024. On December 31, 2023, Cook County enacted its own companion ordinance, and on July 1, 2024 the City of Chicago will begin implementing its own alternative. The…

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Texas District Court Overrules NLRB Regulation on “Joint Employers”

By John D. Simmons / March 26, 2024

When an employee performs services for more than one entity, there’s often a question about which of those entities constitutes an “employer”. Since 2020, the analysis of this question has been guided by the question of whether both entities “share and codetermine the employees’ essential terms and conditions of employment.”  For a recipient of an…

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Attention Illinois Companies: Illinois Law Requires Pre-Tax Commuting Benefit Program for Workers in Cook County and Other Counties and Townships

By Anthony J. Caruso Jr. / March 22, 2024

Effective: January 1, 2024, the Illinois Transportation Benefits Program Act went into effect. NOTE: Employer only establishes the program. Employer does NOT pay the cost of the transit benefit. Covered Employee: Any person who performs an average of at least 35 hours of work per week for compensation on a full-time basis.  Employees have the…

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RECENT APPELLATE COURT DECISION PROVIDES IMPORTANT LESSONS ON THE IMPORTANCE OF TRACKING INTERMITTENT FMLA LEAVE/HOW NOT TO IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN

By James B. Sherman / February 29, 2024

This week the U.S. Court of Appeals for the Seventh Circuit, in Chicago, overturned a healthcare employer’s summary judgement win in an FMLA interference and retaliation case.  The case involved a managerial employee who in her employer’s view was terminated for performance – not meeting expectations – after being placed on a performance improvement plan,…

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Some Thoughts about Workplace Violence

By Richard H. Wessels / February 20, 2024

A few weeks ago I had a client call with questions about threatened workplace violence. A discharged employee was returning to the company parking lot regularly and looked pretty menacing. I gave him my advice and emailed my commentary on the subject from our newsletter. I think it gave some good advice. Click here to…

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DEI DONE RIGHT – EASIER SAID THAN DONE

By James B. Sherman / January 30, 2024

Promoting diversity, equity, and inclusion, or DEI in the workplace seems a worthy goal for any employer. After all it is the ethical thing to do, right? And if DEI is ethical, you might think it would be simple enough for any ethical business to implement. Just do the right thing by people, right?  But…

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Three New Year’s Resolutions For Employers In 2024

By James B. Sherman / January 2, 2024

The beginning of a new year is a time of reflection and resolve for positive change. Resolutions for self-improvement on health, relationships, and other personal goals abound. Some will fail to materialize. Many will be short-lived. However, in the business world changes are often imposed by law and cannot so easily be ignored. Here are…

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NLRB Joint-Employer Standard-2023 Final Rule

By Joseph H. Laverty / December 5, 2023

On October 27, 2023, the National Labor Relations Board, (NLRB), published a final rule addressing the standard for determining joint-employer status. The final rule establishes that, under the National Labor Relations Act (NLRA), two or more entities may be considered joint employers of a group of employees if each entity has an employment relationship with…

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It’s Complicated/It’s Expensive: New City of Chicago Paid Leave and Sick Leave Ordinance

By Anthony J. Caruso Jr. / December 1, 2023

On November 9, 2023, the City of Chicago enacted the new Paid Leave and Sick Leave Ordinance to take effect on December 31, 2023. What Employers are covered under the new law? Any employer with at least one employee, except employers under a collective  bargaining agreement on or before January 1, 2024. However, this exception…

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