Protecting Employers Since 1985

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…

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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…

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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…

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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,…

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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…

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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…

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EEOC Collection Of Employer Pay Data On Target For September

By James B. Sherman / April 30, 2019

In 2016, under the Obama administration, the EEOC significantly revised its EEO-1 report to require that covered entities – private employers with 100 or more employees, or federal contractors with at least 50 employees – begin to report how much they pay workers, broken down between sex, race and ethnicity. The stated rationale for this…

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EEOC Lawsuits Demonstrate An Aggressive Position On Employer Obligations To Reasonably Accommodate

By James B. Sherman / January 10, 2019

Employers have a legal obligation to accommodate work-related conflicts posed by an employee’s or applicant’s disability or religious beliefs. This seems simple enough – be “reasonable.” Yet as many business professionals and lawyers know all too well, there is a great deal of room for differences of opinion as to what constitutes a “reasonable accommodation.”…

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Outsourcing Administration of Employee Leaves of Absence to a Third-Party Vendor Did Not Insulate Dollar General Store from Responsibility to Rehire Returning Service Member under USERRA

By James B. Sherman / August 29, 2018

Administering employee leaves of absence is complicated. For employers of 50 or more employees there obviously are the Family and Medical Leave Act (FMLA) and D.O.L. regulations to deal with. Then there is the EEOC, which has interpreted the Americans with Disabilities Act (ADA) to require leaves of absence, or extending them under certain circumstances…

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NLRB General Counsel Issues Much Needed Guidance on Lawful Employee Handbook Provisions

By James B. Sherman / June 27, 2018

On June 6th newly appointed General Counsel to the National Labor Relations Board, Peter B. Robb, issued comprehensive new guidance on employee handbook provisions. The guidelines direct the Board’s Regional Directors throughout the country to reverse course from years of decisions issued by the Board majority appointed by then President Obama. Under the Obama Board…

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