Protecting Employers Since 1985

EEOC Prioritizes National Origin Discrimination in the Workplace

By James B. Sherman / January 30, 2017

It is likely pure coincidence that the EEOC issued its position on national origin discrimination within days of the November elections. The guidelines went into effect on November 21, 2016, modifying the EEOC’s previous position on national origin discrimination, issued 15 years ago. The current guidelines are consistent with the EEOC’s Strategic Enforcement Plan (SEP)…

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Latest Update on Court Proceedings over DOL’s Overtime Salary Regulations

By James B. Sherman / December 29, 2016

Thousands of employers affected by the US Department of Labor’s Minimum Salary Rule for Overtime Pay Exemptions have anxiously awaited the outcome of litigation that blocks the rule from going into effect as intended, on December 1, 2016. A Federal District court in Sherman, Texas ruled just before Thanksgiving that the DOL exceed its authority…

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Buckle Up Employers – the DOL Has Appealed the Texas Court’s Injunction That Blocked Its Controversial Overtime Regulations from Going into Effect as Planned, Making the Road Ahead Full of Uncertainty for Payroll Specialists and Employers

By James B. Sherman / December 2, 2016

When a federal court in Sherman, Texas issued a nation-wide injunction on November 22nd that blocked the Department of Labor’s new overtime regulation, thousands of employers across the country breathed a sigh of relief. The DOL’s new rule was to have gone into effect on December 1st and would have more than doubled the minimum…

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Wessels Sherman is Pleased to Announce that Allison Wells has Joined our Firm as an Associate Attorney in our Minneapolis, MN Office.

By James B. Sherman / November 17, 2016

Allison Wells comes to Wessels Sherman from a highly regarded Twin Cities immigration law firm, where she focused her practice on representing employers in all aspects of employment-based immigration matters. Her extensive experience includes helping employers throughout much of the country with a broad spectrum of workplace immigration needs, including: EB-1 multinational managers, PERM Labor…

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SAVE THE DATE: Friday, April 28th, 2017!!!

By James B. Sherman / November 17, 2016

Each year, Wessels Sherman hosts a full-day seminar where attorneys from our offices in Chicago, IL; Minneapolis, MN; Milwaukee, WI; and Davenport, IA, come together in one of our locations, to present on many of the most important workplace issues faced by employers around the country. In 2017, the location will be here, in Minneapolis.…

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Penn State Sandusky Saga Continues to Provide Painful Lessons for Employers on What Not to Do In Response to Workplace Scandals Such as Employees Engaging in Sexual Misconduct, Harassment, etc.

By James B. Sherman / November 17, 2016

Already, Penn State University has paid a heavy price (millions of dollars and lost football scholarships, not to mention damage to its reputation) for allegedly sweeping under the rug scandalous conduct of convicted sex offender and former assistant football coach, Jerry Sandusky. However, while Penn State’s football team appears to have weathered the storm, the…

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Barring a Miracle Court Injunction Next Week, the New D.O.L. Regulations on Exemptions from Overtime Pay Go Into Effect in Just Two Weeks – Thursday, December 1, 2016!

By James B. Sherman / November 17, 2016

As of December 1st most employees whose annualized salaries are less than $47,476, will be entitled to overtime pay even though their job duties would otherwise qualify for an exemption as executive, administrative or professional. A federal court in Texas is expected to rule next Tuesday in a lawsuit brought by employer groups seeking to…

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Best Practices Employers Can Use in Advance of Election Day, to Satisfy Minnesota’s Time Off Work to Vote Statute While Also Minimizing Disruptions to Their Operations

By James B. Sherman / October 26, 2016

Election Day is fast approaching – Tuesday, November 8, 2016. Like most states, Minnesota has a law that protects employees’ rights to be absent from work for a sufficient amount of time to be able to vote. Under the Minnesota law, employees have the right to “be absent from work for the time necessary to…

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Two More Bad Decisions from the National Labor Relations Board Suggest That Double Standards Are Used When It Comes to Employers and Unions

By James B. Sherman / October 26, 2016

1. Employer Contesting Recently Fired, Gun-Toting Former Employee’s Presence at Union Election Site, Must Prove it Actually Affected Outcome of Election. Those who are unfamiliar with how the NLRB conducts union elections, might be surprised to learn just how particular are its procedures. Employee notices of election information – date/time/location – must be posted in…

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EEOC Issues New Enforcement Guidance on Workplace Retaliation

By James B. Sherman / October 3, 2016

For the first time since 1998, the EEOC has published updated guidance on workplace retaliation. Retaliation charges are by far the most common and fastest growing type of claim filed with the EEOC, comprising nearly 45 percent of all charges it now receives. Given the surge in retaliation claims and the additional attention these claims…

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