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Employment and Labor Law Articles

Wessels Sherman is pleased to provide a wide variety of articles relating to our legal practice areas.

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Affordable Care Act (ACA)
- Obamacare FAQ of the Month
Americans with Disabilities Act (ADA)
Discipline
Discrimination
- Minnesota Human Rights Act (MHRA)
Employee Benefits
Employee Handbooks
Family and Medical Leave Act (FMLA)
- Minnesota Parental Leave Act (MPLA)
Harassment
Hiring/Firing
Immigration
Independent Contractor
- Illinois Department of Employment Security (IDES)
Non-Compete
Other
Overtime
Unemployment Insurance/Compensation
- Illinois Department of Economic Security (IDES)
Union Matters
Wage and Hour
Women’s Economic Security Act (WESA)
Workers Compensation

Affordable Care Act (ACA)

2015	ACA FAQ of the Month: Can I Pay My Employee’s Premium for Individual Health Insurance Coverage?
2015	ACA FAQ of the Month: What is King v. Burwell about, and how will it affect my business?
2015	ACA FAQ of the Month: What Is The Excise Tax on Cadillac Plans?
2013	Affordable Care Act News for Minnesota Employers: Minnesota Legislature Creates State Insurance Exchange and DOL Issues Proposed Rule on New Maximum 90-Day Waiting Period for Coverage (MN)
2013	Companies Will Increasingly Use Independent Contractors To Avoid Coverage Under the Affordable Care Act/ObamaCare
2013	Court Sanctions Employer for Failing to Override Its Computerized Document Retention Program to Preserve Data Relevant to ADA Retaliation Case
2013	Important Information Regarding Affordable Care Act Notice Requirements
2015	Minnesota Federal Court is the First to Address Discrimination Claims Brought Under the Affordable Care Act (MN)
2012	Minnesota Legislature to Enact Obamacare Measures in March (MN)

Obamacare FAQ of the Month

2014	What is “Affordable” Employer-Sponsored Coverage? (March 2014)
2014	Health Plan Identifiers, Transitional Reinsurance Fees, Premium Reimbursement Arrangements, and ACA Subsidies (November 2014)
2014	What is and “Hour of Service”? (December 2014)
2015	How Will The ACA’s Reporting Requirements Affect My Business? (February 2015)

Americans with Disabilities Act (ADA)

2014	Another Class Action Lawsuit Brought By the EEOC Alleging an Administrative Termination Policy Violates the ADA
2014	Attendance Still Matters – Even When Working at Home! (WI)
2012	Avoid the Disability Discrimination “Regarded As” Pitfall
2013	Court Upholds Jury Award of $100,000.00 for “Mental Anguish” in ADA and Sex Discrimination Trial Where Boss Told Employee to “Sit Down Little Girl” and Demoted Her Over “Health Issues” (MN)
2014	Courts Bend the “Golden Rule”
2014	Doctor Found to be “Employer” Rather than “Employee” under the Americans with Disabilities Act
2012	Duty to Accommodate Trumps Qualification (WI)
2015	EEOC Releases Proposed Rule Governing Workplace Wellness Programs
2015	EEOC Releases Proposed Rule Governing Workplace Wellness Programs; Solicits Comments
2014	EEOC Targets Minnesota Employer’s Wellness Program (MN)
2015	Federal Court Does Not Find a Hostile Work Environment Created by JibJab Video
2014	Indiana Dairy Queen is Sued by Legally Blind Employee – and Company Wins in ADA Case!!
2013	Nurse with Breast Cancer who Was Terminated for Medication Dispensation Discrepancies Cannot Show ADA Bias or FMLA Interference (MN)
2014	Scent Issues at Work
2013	Seventh Circuit Addresses “Ability to Work” Under ADA (WI)
2013	The Iowa Civil Rights Act Undermined by the Americans with Disabilities Act (IA)
2012	The Fact that It’s “Medical” Does Not Alway Mean It’s Confidential

Discipline

2012	Are Employees Who Exercise Legal Rights Immune From Discipline? Of Course Not, But Developing Case Law Shows That Disciplining A “Protected” Employee May Require More Convincing Evidence To Support Management’s Decision
2012	Contrary to Popular Belief, Employees With Disabilities or Medical Conditions Are NOT Immune From Discipline
2013	Employment At-Will Argument Prevails Against Contract Claim Asserted by Former Employee
2014	Minnesota Court Finds Employer Unlawfully Retaliated Against its Employee by Disciplining him for Late Report of Workplace Injury (MN)
2012	Minnesota Court of Appeals Denies Unemployment Compensation Benefits to Employees Discharged for Refusing to Sign an Acknowledgment of Disciplinary Action (MN)

Discrimination

2013	A Federal Court in Minnesota Held that an Employee Who Was Allegedly Told He Was Being Terminated for “Spreading Rumors” About Discrimination, Has “Direct Evidence” of Retaliation to Take to Trial (MN)
2012	Are You Aware of the “Protected” Status of Your Employees?
2012	Avoid the Disability Discrimination “Regarded As” Pitfall
2013	Claim of Pregnancy Discrimination Supported by Supervisor’s Insensitive Comments As Well As Shifting Reason for Terminating the Plaintiff Only One Month After She Disclosed She Was Pregnant
2012	Court Rules MPLA Does Not Provide an Exception Pursuant to a Reduction in Force – Employer Violates Employee’s Right to Reinstatement (MN)
2013	Court Upholds Jury Award of $100,000.00 for “Mental Anguish” in ADA and Sex Discrimination Trial Where Boss Told Employee to “Sit Down Little Girl” and Demoted Her Over “Health Issues” (MN)
2012	Defending Against Equal Pay Act Claims – Recent Appellate Court Decision Emphasizes Not All Gender Discrimination Claims Are Created Equal
2012	The EEOC – At It Again
2014	Here Comes the EEOC!
2014	Illinois Pregnancy Protections Expanded
2012	Immigration Status Is Not Considered National Origin in Discrimination Case
2012	OFCCP Targets Minnesota Companies (MN)
2014	Preferential Treatment of Minority Workers is Still Unlawful Workplace Discrimination
2012	Seventh Circuit Court of Appeals Announces No “Token” Exception in Discrimination Cases
2012	Seventh Circuit Decides “Cat’s Paw” Legal Theory Can Create Liability for Non-Decision Makers of Company Under Discrimination Law!
2014	Seventh Circuit Holds Failure by EEOC to Conciliate Is Not a Good Legal Defense for Employers
2013	Supreme Court Majority Declares Retaliation Claims Are Becoming Too Numerous – Acts to Curb Their Growth by Making Retaliation Harder to Prove in Court
2013	Termination of “Irresistible” Employee Not Sex Discrimination
2012	What Employers Need to Know about Avoiding Religious Discrimination in the Workplace

Minnesota Human Rights Act

2012	Employment Agreement Does Not Give Out-of-State Employee Right to Bring Claims under the Minnesota Human Rights Act (MN)
2014	Minnesota Human Rights Act Amended to Allow for Jury Trials (MN)
2012	Minnesota Supreme Court Redefines Sexual Harassment Under the Minnesota Human Rights Act (MN)

Employee Benefits

2013	Eighth Circuit Holds that Disability Payments Are “Earnings” for Purposes of Garnishments (MN)
2013	Many Employers’ Domestic Partner Benefits Policies May Become Unlawful Due to Minnesota’s New Same-Sex Marriage Act (MN)
2012	Minnesota Supreme Court Rules Duluth Must Provide Retirees Lifetime Health Insurance Benefits At the Same Level As Current Employees (MN)
2013	Offering Same-Sex Domestic Partners Employee Benefits While Denying the Same to Opposite-Sex Domestic Partners May Be a Violation of the Minnesota Human Rights Act (MN)
2013	Supreme Court Rules Defense of Marriage Act Unconstitutional: Creates Confusion on Applying Federal Benefits to Legally Married Same-Sex Couples

Employee Handbooks

2013	Can Illinois Employers Ban the Use of Electronic Cigarettes in the Workplace? (IL)
2014	Mama Always Said I Should Not Gossip – But the NLRB Disagrees (WI)
2012	Revising or Designing Your Company Policy?
2013	Summer Time is Vacation Time! Illinois Employers Should Check Their Vacation Policies to Determine if They Comply with IDOL Regulations (IL)
2014	The NLRB is Dissecting Employee Handbook as Part of its Expansion Efforts into the Non-Union Workforce
2014	Update on E-Cigarettes (Vaping) in the Workplace (IL)

Family and Medical Leave Act (FMLA)/Military Leave

2014	7th Circuit Court of Appeals Holds Trip to Las Vegas Covered by FMLA
2013	“There is No Such Thing as FMLA Light Duty” (WI)
2013	After 20 Years Is the FMLA Really Working?
2012	Court Rules That Plaintiff Must Arbitrate FMLA Claims Under His Employer’s Collective Bargaining Agreement With Teamsters Union
2013	Curbing FMLA Abuse (WI)
2012	DOL’s FMLA Tie Breaker Does Not Apply to Arbitration
2013	DOL Issues Timely Guidance on FMLA Coverage for Legally Married Same-Sex Couples (MN)
2012	Eighth Circuit Upholds Employer’s Decision to Terminate Employee upon Return from Military Leave
2013	Employer that Changed Employee’s Job Duties upon Return from FMLA Leave Faces Trial for FMLA Interference
2012	Family Medical Leave Expansion
2013	Nurse with Breast Cancer who Was Terminated for Medication Dispensation Discrepancies Cannot Show ADA Bias or FMLA Interference (MN)
2012	Terminating Employee 48 Hours After Asserting FMLA Rights is Likely Enough to Infer Unlawful Retaliation
2013	U.S. Department of Labor Marks the 20-Year Anniversary of the FMLA with A Report Entitled: “FMLA is Working” – Really?
2014	Wessels Sherman Attorneys Secure Dismissal of FMLA Lawsuit in Minnesota (MN)
2015	Wisconsin FMLA Protects All Employees – Even Undocumented Workers (WI)

Minnesota Parental Leave Act (MPLA)

2012	Court Rules MPLA Does Not Provide an Exception Pursuant to a Reduction in Force – Employer Violates Employee’s Right to Reinstatement (MN)
2013	Minnesota Employers Must Prepare For August 1st When “Parental Leave” Expands to Permit Employee Absences to Care for More Family Members (MN)
2012	Minnesota Supreme Court Issues Important New Decision on Parental Leave Law (MN)

Harassment

2014	An Employer Can Be Liable for “Third Party” Sexual Harassment (Committed by Clients, Customers, and Others Who Are Not Company Employees)
2014	Employer Lessons from Donald Sterling
2012	Illinois Appellate Court Allows Plaintiff to Proceed in Claim of Negligent Supervision against Southwest Airlines Regarding Flight Attendant’s Alleged Harassment through Use of Company Computers and Cell Phones (IL)
2012	Illinois Gender Violence Act – Another Reason to be Vigilant in the Enforcement of Anti-Sexual Harassment Policies (IL)
2012	Minnesota Supreme Court Redefines Sexual Harassment Under the Minnesota Human Rights Act (MN)
2013	Same-Sex Harassment Violates the Law

Hiring/Firing

2014	Another Painful Lesson for Employers Responding to Background Checks Concerning Former Employees (MN)
2014	Best Candidate for the Job (IL)
2014	Beware of Inflated Performance Reviews!
2013	Court Upholds Employer’s Termination of Whistleblower Who Refused to Stop Blowing the Whistle
2013	Criminal Background Checks Quickly Becoming a Hot-Button Issue on both the State and National Front (MN)
2014	Employee Fired for Urinating in a Box is Reinstated and Sues Employer (MN)
2012	The Employer’s Legal Maze
2012	Employers Beware – The Truth Behind Why More Fired Employees Are Asking for the “Truthful Reason” for Their Termination!
2013	Employers with Minnesota Employees Have Just One Month – Until January 1, 2014 – to Review/Revise Their Job Application Forms and Procedures to Comply with Minnesota’s new “Ban the Box” Law
2012	Employment At Will – Once and For All
2012	Help for Illinois Employers Preparing to Terminate an Employee (IL)
2012	High-Risk Terminations
2013	How Employers Should Handle GROUP Release Agreements for Employees 40 Years of Age or Older
2013	Illinois on the Fast Track: Grants Military Service Members and Their Spouses Expedited Professional Licenses (IL)
2012	Minnesota Company Excused From Giving Employees 60-Day Notice of Mass Layoff Under WARN Act (MN)
2013	More Felony Convictions Can Be Sealed from Criminal Background Checks and Disclosures on Employment Applications (IL)
2013	New “Ban the Box” Criminal Background Legislation Makes Most Job Application Forms Currently In Use Illegal as of January 1, 2014 (MN)
2013	New Minnesota Law Makes Job Applications and Other Early Criminal Background Checks or Inquiries, Unlawful – Effective January 1, 2014 (MN)
2013	Nurse with Breast Cancer who Was Terminated for Medication Dispensation Discrepancies Cannot Show ADA Bias or FMLA Interference (MN)
2014	Recent Minnesota Court Decision Suggests Adding Another Termination Checklist Item – Remove Discharged Employees From Your Company Website, Social Media Sites, Etc.! (MN)
2012	Resume Fraud And Other Acts of Dishonesty Can Be Grounds For Termination As well As Contesting Eligibility For Unemployment Compensation Benefits
2014	Supreme Court Holds that Sarbanes-Oxley Act Anti-Retaliation Provisions Extend to Employees of Contractors and Subcontractors of Publicly-Traded Companies
2013	TAX TIME: How Employers Can Save on Taxes by Hiring the RIGHT Applicant
2014	Two Common Misconceptions Concerning Terminating an Employee
2014	Update: New Law on Illinois Criminal Background Checks Effective January 1, 2015 (IL)
2013	When it comes to Employment References: Employers Should Think Twice Before Playing “Minnesota Nice” (MN)
2013	Where the Sun Don’t Shine…

Immigration

2012	Immigration Status Is Not Considered National Origin in Discrimination Case
2013	Iowa Has Joined the Government’s “RIDE” Program (IA)

Independent Contractor

2012	10 Common Questions Trucking Companies Ask When Setting Up Escrow Programs for Their Independent Contractor Owner-Operators
2012	A Company Who Uses Independent Contractors Should Remember ALL Defenses When Facing an IRS Audit
2014	ALERT FOR CONSTRUCTION COMPANIES (WHO USE INDEPENDENT CONTRACTORS): The Illinois Supreme Court Decides Illinois Employee Classification Act (ECA) Case! (IL)
2014	Beauty Salon Victorious in Proving that Nail Technician is an Independent Contractor
2014	Common Sense Ideas for Employers in Proving Independent Contractor Status (IL)
2014	Common Sense Things Employers Can Do to Help Show Their Independent Contractors are Not Employees (MN)
2012	Companies Beware! Do Not “Train” Your Independent Contractors
2012	Companies Who Use Independent Contractors Should Have Notice Provisions in Their Independent Contractor Agreements
2013	Companies Will Increasingly Use Independent Contractors To Avoid Coverage Under the Affordable Care Act/ObamaCare
2012	Independent Contractor Status Has Its Own Terms of Art
2013	Maid Service Owner Owes $500,000 in U.S. Department of Labor Wage Case Involving Mislcassified Independent Contractors
2015	U.S. DOL and WI DWD Join Forces to Combat Employer Misclassification (WI)
2013	What Every Company Who Uses Independent Contractors Should Know About IRS Form SS-8
2013	What Exactly Does Section 212.1 of the Illinois Unemployment Insurance Act Require with Regard to Scheduling Independent Contractor Owner-Operators? (IL)
2013	Why is the Contingent Workforce Growing in the United States? Thoughts for Employers
2013	What Should A Company Do When It Suddenly Receives an IRS Form SS-8 in the Mail!?!

Independent Contractor – Illinois Department of Employment Security (IDES)

2013	Employers Ask Anxious Questions Regarding New (and Sudden) Change in IDES Audit Policy! (IL)
2014	Five Big Mistakes That Companies Who Use Independent Contractors Make on Their Websites (IL)
2014	Illinois Companies Should Be Aware of a New Initiative by the IDES: Fraud Penalties! (IL)
2014	Salon Owners Need to Carefully Structure Their Independent Contractor Relationships (IL)
2014	Seven Ways the IDES Has Made Audits More Punishing! (IL)
2013	Six Common Questions by Illinois Companies Regarding IDES Audits (IL)
2013	Total Victory for Illinois Carpet Company in Its Battle with the Illinois Department of Employment Security (IL)
2013	Valuable Tips for Illinois Trucking Companies Who Are Being Audited for Their Independent Contractor Owner-Operators by the IDES (IL)
2014	What Employers Going Through an IDES Audit Need to Understand About the IDES Worker Relationship Questionnaire (IL)
2012	Why it is a Good Idea to Protest and Appeal an IDES Audit Determination and Assessment if it Involves an Independent Contractor Classification Issue (IL)
2013	Why It Is Extremely Important for Illinois Companies Who Use Independent Contractors to Handle IDES Audits Properly (IL)
2012	Why Schedule C’s May Not Help Companies Being Audited by the Illinois Department of Employment Security (IDES) (IL)
2012	Why Should My Business Cooperate with the IDES Auditor: Is It Better to Play Dumb? (IL)
2014	Yes! EVEN MORE Auditing Changes by the Illinois Department of Employment Security (IDES)!! (IL)

Non-Compete

2015	Winds of Non-Compete Agreements Shifting In Favor of Wisconsin Employers (WI)
2015	A Tale of Two States: Whereas Minnesota Considered Legislation in 2014 Disfavoring Noncompetition Agreements, in 2015 the Wisconsin Legislature Seeks to Overhaul its Law to Favor Employees and Attract Business to the Dairy State (MN/WI)
2015	Contrary to Popular Belief, Non-Compete Agreements Are Alive and Well In Minnesota, Wisconsin and Elsewhere
2012	Illinois’ Non-Compete World Now Easier for Employers! (IL)
2013	Iowa Court Awards Attorneys’ Fees to Employer that Established Enforceability of Non-Compete Agreement, Despite the Contention that No Breach Was Proved (IA)
2013	Jury Awards $22.7 Million to Minnesota Company Whose Former Employees Took Confidential Information to a Competitor (MN)
2015	Minnesota Supreme Court Creates New Defense to Noncompete Agreements Based on Relying on Advice from Legal Counsel (MN)
2013	Proposed Legislation Would Ban Non-Compete Agreements in Minnesota (MN)

Other

2012	2012 Business Resolutions
2015	Adrian Peterson: A Rare Talent on the Field and Now One of the Rare Parties To Overturn a Labor Arbitrator’s Decision in Court
2013	Are Employers Ready?
2014	Child Support Payments – A Potentially Bedeviling Problem for Illinois Employers (IL)
2012	Distracted Driving – Employer Responsibility?
2014	Domestic Violence and Child Abuse – A Problem for All of Us
2012	EEOC Sues Employer for Enforcement of Drug and Alcohol Policy
2014	Employee Debt – The Bane of Employers
2015	Employer’s New Dilemma – Working With Others?
2013	Employers Beware: Bed Bugs May Be in Your Workplace (IL)
2014	Employers Face Difficult Decisions Planning to Combat Ebola Risk
2014	Employers Facing Litigation Have a Duty to Preserve Evidence; Failure to Do So May Lose the Case (MN)
2014	Employers’ Next Problem – Ebola?
2014	Employers Take Note: OSHA Announces NEW Requirements Effective January 1, 2015 for Reporting Severe Injuries in the Workplace
2013	Employers Take Note That the Clock is Ticking on OSHA’s Revised Hazard Communication Standard
2012	Employers Will Have More Options to Recover On Employee Debts When Caps on Minnesota Small Claims Court Actions Increase August 1st, 2013 (MN)
2012	Employment Agreement Does Not Give Out-of-State Employee Right to Bring Claims under the Minnesota Human Rights Act (MN)
2015	EPLI Coverage: Do You “Like” Your Representation?
2014	Governor Quinn Continues to Push for an Increase in Illinois Minimum Wage from $8.25 an Hour to at Least $10 an Hour (IL)
2014	How Illinois Employers Can Prevent Workplace Violence: New Law Allows Illinois Employers to Get an “Order of Protection” (IL)
2015	Key Victory in Wisconsin Court of Appeals (WI)
2012	Lessons Learned: I Say, Therefore It Is
2014	Minnesota Legislative Update (March 2014) (MN)
2013	Minnesota Employers Take Heed: The State’s New Same-Sex Marriage Law Will Deeply Impact Workplace Policies and Practices – Starting in August! (MN)
2014	Minnesota Enacts New Minimum Wage, Anti-Bullying Laws in 2014 (MN)
2013	Sequestrian Hits Court!
2013	Supreme Court Term Ends With Flurry of Employment Decisions
2015	Supreme Court takes Issue with EEOC Pregnancy Guidelines; Issues its own “Guidance” for Employers on Workplace Pregnancy Accommodations
2012	Talk to My Employees – You’ve Got To Be Kidding
2015	The Birds and the Bees
2012	Two New Illinois Laws – Drivers and Cell Phones (IL)
2015	U.S. Supreme Court Rules that Courts, Not EEOC, Decide Whether the EEOC Satisfied its Legal Obligation to Attempt to Resolve Alleged Unlawful Employment Practices Prior to Filing a Lawsuit
2014	Voting Day Laws 2014 – Time Off to Vote
2014	What Employers Face in Calendar Year 2014
2013	What Should an Illinois Employer Do When an Employee Has an “Order of Protection”? (IL)
2015	Why Wessels Sherman is Uniquely Suited to Handle Your Next EEOC Charge
2014	Your Government at Work

Overtime

2012	Employer Did Not Know (Or Have Reason to Know) Employee was Working Pre-Shift – So Employer Wins Lawsuit!
2012	Minnesota Fair Labor Standards Act Requires Agricultural Workers to be Paid a Salary to be Exempt from Overtime (MN)
2014	Overtime Exemptions. It’s More Than Official Job Titles and Important Job Duties (MN)
2013	Relief for Employer Facing Trumped Up Claims (IL)
2015	U.S. Supreme Court Approves DOL Interpretive Rules Finding that Mortgage Loan Officers are Entitled to Overtime

Social Media/Technology

2012	The Bane of the Technological Age
2013	Court Sanctions Employer for Failing to Override Its Computerized Document Retention Program to Preserve Data Relevant to ADA Retaliation Case
2014	Daughter’s Snarky Facebook Boast Costs Dad $80,000.00
2012	DOL – Technology Witch Hunt?
2012	Network Passwords – Don’t Ask/Don’t Tell
2012	New Illinois Law: Don’t Ask/Don’t Tell Facebook Passwords (IL)
2013	NLRB Overreach?
2014	Recent Minnesota Court Decision Suggests Adding Another Termination Checklist Item – Remove Discharged Employees From Your Company Website, Social Media Sites, Etc.! (MN)

Unemployment Insurance/Compensation

2013	Changes to Wisconsin Unemployment Insurance Coming Soon (WI)
2014	Does an Illinois Employer Have to Give Severance to a Departing Employee? (IL)
2012	Does it Matter When an Employee Quits for Purposes of Unemployment Compensation? It Might.
2013	Does Severance Pay Block Unemployment Insurance Benefits in Illinois? (IL)
2012	Minnesota Appellate Court Finds Employee Fired for Physical Altercation with Co-Worker Eligible for Unemployment Compensation Benefits (MN)
2012	Minnesota Court of Appeals Denies Unemployment Compensation Benefits to Employees Discharged for Refusing to Sign an Acknowledgment of Disciplinary Action (MN)
2014	Minnesota Supreme Court Refuses to Recognize Wrongful Discharge Claims for Employees Terminated Due to Seeking Unemployment Benefits (MN)
2013	Minnesota Employee Terminated for Moonlighting Found Ineligible for Unemployment Compensation (MN)
2013	Tip for Illinois Employers: Plan Your Misconduct Protest BEFORE You Fire Your Employee (IL)
2012	Wal-Mart Employee is Ruled Eligible for Minnesota Unemployment Compensation Benefits Despite Admitted Violation of No Call-No Show Rule – Misconduct Excused as Consequential to Employee’s Mental Impairment (MN)
2014	Yes a Trucking Company Can Win with the IDES When One of its Drivers Has an Accident with a Truck (and Then Files for Unemployment Insurance Benefits) (IL)

Unemployment – Illinois Department of Economic Security (IDES)

2013	Alarming New IDES Audit Policy!!! (IL)
2012	Help for Employers and Their Advisors in Protesting the IDES Determination & Assessment (Tax Bill) (IL)
2012	The IDES Starts Flexing its Personal Liability Muscle (IL)
2012	Illinois Company Wins IDES Unemployment Insurance Case – Claimant Was Found to Have Voluntarily Quit Because Claimant Did Not Recertify His Occupational License (IL)
2014	Illinois Employers Should Not Be Fooled by the “Two Weeks’ Notice Myth” (IL)
2013	Tips on Protesting an IDES Claim for Unemployment Insurance Benefits (IL)
2014	Why Are Illinois Employers “Guilty Until Proven Innocent” When They Are Audited by the Illinois Department of Employment Security? (IL)
2012	Yes, An Employee Who is Arrested or Jailed Can Still Draw Unemployment Insurance Benefits in Illinois! (IL)

Union Matters

2013	A Rare Victory for Employers in a Fringe Benefits Contributions Collections Case (MN)
2014	Ambush Elections and Supervisor Training
2014	Ambush Elections Are Back!
2013	Appellate Court Overturns Arbitration Decision to Reinstate Employee Terminated Over Child Pornography Conviction (MN)
2014	Bye-Bye Franchisee
2014	College Football Players Union Organizing Effort
2012	Construction Industry Unions Make Special Deals
2012	Court Rules That Plaintiff Must Arbitrate FMLA Claims Under His Employer’s Collective Bargaining Agreement With Teamsters Union
2014	Department of Labor Still Very Active
2012	DOL’s FMLA Tie Breaker Does Not Apply to Arbitration
2012	DOL – Technology Witch Hunt?
2014	“Double-Breasting” Labor Question
2012	Employer Stuck with Union Because of Union Trickery
2013	Labor Unions Win Big in Minnesota (MN)
2014	Mama Always Said I Should Not Gossip – But the NLRB Disagrees
2015	Minnesota Federal Court Decision Sheds Light on Importance of Union Authorization Cards (MN)
2014	Minnesota Legislature’s Action Allowing Home Care Providers the Right to Unionize Now in Jeopardy Due to U.S. Supreme Court’s Ruling that Illinois Personal Care Assistants Can Not be required to Pay Union Dues (MN)
2014	NLRB Approves Micro-Unit at Suburban Boston Macy’s Store
2014	NLRB Continues its Fight over President Obama’s Authority to Unilaterally Appoint its Members Without Senate Approval, Abandons its Fight Over its Own Authority to Implement Controversial Notice-Posting Mandate
2012	NLRB Continues to Expand Its Authority Over Non-Union and Union Employers Alike – Rules Arbitration Agreements That Prevent Employees From Pursuing Class Action Employment-Related Claims Violate Federal Labor Law
2013	NLRB Overreach?
2012	NLRB Pro-Union Poster: South Carolina Federal Judge Strikes Down the Poster Rule!
2013	NLRB Takes New Tack in Opposing Arbitration Agreements
2014	Obama is Labor’s Winning Hand
2012	Outlook Remains Bleak for Multi-Employer Pension Funds
2013	Private Sector Union Organizing – Where’s the Action?
2015	SEIU Brings $15.00/hour Wage Fight to Home Care Agencies: Rumored Plans Multi-City Walkout in March
2014	The NLRB is Dissecting Employee Handbook as Part of its Expansion Efforts into the Non-Union Workforce
2014	The RM Petition – A Little Known Way to Get Rid of a Union
2014	Top 10 Shockingly High Salaries for Midwest Union Leaders
2012	Trustees of Union Benefits Fund Have Broad Rights to Collect From Employers, Including From A Subcontractor’s Surety Bond Guaranteeing Payment for All “Labor and Materials” on a Job
2014	Union Membership Statistics
2012	Union Organizing Still Alive and Well
2015	Unions Still On the Prowl
2015	Wessels Sherman Offers Help for Newly Unionized Employers Who Fall Victim to the Onslaught of Unions Taking Advantage of the NLRB’s New Ambush Election Rule

Labor Disputes

2013	Union’s Tacky/Stinky Strike Tactic Survives Federal Court Challenge

Wage and Hour

2014	Avoid Paying Excessive Plaintiff Legal Fees
2012	Beware! Officers/Agents of Company Can Now Be Held Individually Liable to Pay Owed Wages Under Illinois Equal Pay Act (IL)
2013	Beware! Illinois Employers Using Electronic Payroll Debit/Credit Cards for Payment of Wages May Be at Risk Under the Law (IL)
2014	Congress Places Overtime Reform Under the Fair Labor Standards Act on the Agenda
2012	Defending Against Equal Pay Act Claims – Recent Appellate Court Decision Emphasizes Not All Gender Discrimination Claims Are Created Equal
2013	Domino’s Pizza Successfully Fends Off Class Action Wage and Hour Lawsuit Claiming Delivery Driver Tips
2013	Eighth Circuit Court of Appeals Upholds Arbitration Agreement That Waived Employee’s Right to Pursue Class Action Wage and Hour Claims Under FLSA (MN)
2014	Employee Fired for Urinating in a Box is Reinstated and Sues Employer (MN)
2014	Employee Wage Deductions (IL)
2013	Maid Service Owner Owes $500,000 in U.S. Department of Labor Wage Case Involving Misclassified Independent Contractors
2014	Minnesota Enacts New Minimum Wage, Anti-Bullying Laws in 2014 (MN)
2012	New Proposed Regulations Look to Turn In-Home Care Industry Upside-Down
2014	Payment Cards as Wage Payment (?) (IL)
2014	Reminder: New Minnesota Minimum Wage Goes into Effect August 1st (MN)
2013	Unpaid Intern – The Next Growth Area of Wage Litigation?
2014	Update on Illinois Minimum Wage: Voters Will Give Their Advisory Opinion in November (IL)
2013	Wage Claims Gone Wild (WI)
2013	What Does an Illinois Employer Need to Understand About the Illinois Equal Pay Act? (IL)
2012	What Illinois Employers Should Understand About the Fuzzy World of Breaks and Meal Periods (IL)
2015	When Can an Employer Make Deductions from an Employee’s Salary without Destroying the Employee’s Exempt Status?
2013	Who Is That Knocking On My Door???

Women’s Economic Security Act

2015	Minnesota Employers Face Greater Obligations to Accommodate Pregnant Workers than Employers in Most Other States (MN)
2014	Most Minnesota Employers Are Not Compliant with New Women’s Economic Security Act (WESA) (MN)
2014	WESA Causes Employers to Re-evaluate and Revise a Variety of Workplace Policies (MN)

Workers’ Compensation

2012	Beware! Illinois Launches Joint Effort to Fight Employee Misclassification (IL)
2013	Beware! Uninsured Illinois Employers are Getting Ticketed and Indicted for Failing to Obtain Workers’ Compensation Insurance (IL)
2012	Controlling the High Costs of Workers’ Compensation in Illinois (IL)
2014	Employee’s Refusal to Take Post-Workers’ Comp Accident Drug Test – OK for Employer to Terminate (IL)
2014	Good News for Illinois Employers: Some Safety Experts Lose Immunity Against Lawsuits for Workplace Injuries (IL)
2012	Illinois Post Accident Drug/Alcohol Testing: Will the Workers’ Compensation Claim Be Denied? (IL)
2012	Illinois Workers’ Compensation Insurance Premium Rates Will Decrease in 2013 (IL)
2014	Illinois Workers’ Compensation Insurance Premium Rates Will Decrease in 2015 (IL)
2014	Landmark Minnesota Supreme Court Decision May Mean More Workers’ Compensation Retaliation Claims Against Employers (MN)
2014	Minnesota Court Finds Employer Unlawfully Retaliated Against its Employee by Disciplining him for Late Report of Workplace Injury (MN)
2012	Oral Complaints to a Private Employer Can Be Sufficient to Establish Protected Status under the FLSA – But Not This Time

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