Protecting Employers Since 1985

Judge Shoots Down Nonsensical Class-Action ADEA Lawsuit Against Amazon With an Assist From The Goat, Tom Brady

By James B. Sherman / July 6, 2022

Some lawsuits are so outlandish they make headlines … for all the wrong reasons. One such silly case was brought as a class action against Amazon by employees in California. The plaintiffs, all 40 and older, alleged Amazon violated the Age Discrimination in Employment Act (ADEA) by imposing productivity quotas on all employees. The complaint…

Read More

What The Dobbs Decision Means for Employers in Illinois, Minnesota, Wisconsin, and Iowa

By James B. Sherman / June 28, 2022

Last week the United States Supreme Court issued its highly anticipated and controversial decision in Dobbs v. Jackson Women’s Health, overturning Roe v. Wade. Whereas Roe had held for nearly 50 years that the right to an abortion was guaranteed by the U. S. Constitution, Dobbs disagreed, giving the issue back to the states to…

Read More

FMLA “Interference” Violations Not Confined to Denying Leave, Can Include Comments Discouraging Employee from Taking FMLA

By James B. Sherman / June 3, 2022

On June 1st the U.S. Court of Appeals for the Seventh Circuit, in Chicago, reversed a lower court’s dismissal of FMLA claims where the plaintiff employee’s request to use FMLA leave, had not been denied. The appellate court held that a verbal conversation that included an alleged threat to discipline the employee for taking more…

Read More

ILLINOIS SUPREME COURT HOLDS BIOMETRIC PRIVACY CLAIMS ARE NOT PREEMPTED BY WORKERS COMPENSATION ACT

By Jennifer Adams Murphy / February 3, 2022

Today, the Illinois Supreme Court issued its long-awaited decision on whether the “exclusive remedy” provision of the Illinois Workers’ Compensation Act bars BIPA claims against Illinois employers. Unfortunately for employers, the Court ruled that workers’ compensation exclusivity does not bar BIPA claims against employers, thus leaving the floodgates open for further costly, and usually class action,…

Read More

Minnesota Supreme Court Holds Employers Need Not Reimburse Employees For The Cost Of Medicinal Cannabis To Treat A Work-Related Injury

By James B. Sherman / October 13, 2021

Today the Minnesota Supreme Court reversed two Workers’ Compensation Court of Appeals decisions that had required employers to reimburse the cost of medicinal cannabis prescribed to treat work-related injuries.  The Court held that orders regarding cannabis made under the Minnesota Workers’ Compensation Act, are preempted by the federal Controlled Substances Act. The Court’s ruling means…

Read More

Suburban Chicago Security Guard Sues His Employer For Allegedly Refusing To Allow Him To Wear A COVID-19 Protective Facemask At Work

By James B. Sherman / April 30, 2020

In what may be among the first of many legal disputes arising out of the Coronavirus crisis, an employee in Illinois has filed a lawsuit against the suburban hospital where he worked as a security guard. The plaintiff, Marvell Moody, is alleging that his supervisor berated him for wearing a face mask while working as…

Read More

Coronavirus Layoffs Result In Class Action WARN Act Lawsuit

By James B. Sherman / April 23, 2020

In what may be the first of many to follow, Hooters restaurant chain was hit with a proposed class action lawsuit alleging WARN Act violations. The lawsuit was brought in federal court by two employees on behalf of all employees in Florida whom Hooters allegedly failed to provide with 60 days advance written notice of…

Read More

Minnesota Joins Ranks of States With Shelter at Home Orders

By James B. Sherman / March 25, 2020

Today, Minnesota Governor Tim Walz issued Executive Order 20-20 requiring all Minnesotans to stay at home other than for specified, limited activities. The order goes into effect this Friday, March 27, at 11:59 p.m. Activities Exempted from the order include: Health and safety activities Outdoor Activities (e.g., hiking, biking, fishing) Obtaining necessary supplies and services,…

Read More

Wessels Sherman Offers a New Service to its Clients – Early Mediation of Internal Workplace Disputes!

By James B. Sherman / October 10, 2019

Our clients and friends are familiar with many of our firm’s client services, including our skilled litigation team they rely on to handle every sort of workplace litigation when things go bad. Many people also know about our one-of-a-kind phone consultation program, started in the 1980s to help employers avoid workplace issues from winding up…

Read More

Landmark Decision Defines Cause Of Action For “Negligent Supervision” Of Employees, Personal Liability For Supervisors

By James B. Sherman / May 23, 2019

On May 23, 2019 the Illinois Supreme Court ruled, in Jane Doe v. Chad Coe et al. – a case of first impression for the court – what elements are necessary to pursue a lawsuit for “negligent supervision” of an employee. Most state courts recognize claims against employers for negligence regarding their employees who harm…

Read More

COVID-19 Resources

Stay up-to-date about developments in the Midwest.

Categories

Schedule your confidential consultation

Contact Wessels Sherman Joerg Liszka Laverty Seneczko P.C. if you would like to speak with one of our experienced labor and workplace attorneys, contact any of our four office locations and schedule a consultation.