Protecting Employers Since 1985
As the COVID-19 vaccine rollout continues, the Illinois Department of Labor (IDOL) issued in March 2021, the following guidance for employers. Mandatory Vaccination Programs Wages: If an employer requires employees to get vaccinated, the time the employee spends obtaining the vaccine is likely compensable even if it is non-working time. Paid Leave: Time…Read More
One of the most frequent questions that Illinois companies have asked me over the years is, “Why me?” They want to know why the Illinois Department of Employment Security (IDES) has selected their company to be audited. IDES auditors have a legitimate and important function: to make sure that Illinois employers are paying their fair…Read More
Hot off the presses! The NLRB just released the news that Peter Sung Ohr has been appointed General Counsel to replace Peter Robb. It’s clear that the Biden administration’s strategy is to deny the pro-business forces at the NLRB the opportunity to make continued changes during the last ten months of Peter Robb’s term. Peter…Read More
The new Biden administration signaled an aggressive approach to changes at the National Labor Relations Board (“NLRB” and/or “Board”). On his first day in office, President Joe Biden made good on a threat to fire National Labor Relations Board General Counsel Peter Robb, who had rebuffed an earlier request to resign. Robb’s firing ends a…Read More
During this horrible pandemic, there is a concern among employees about the risk of an adverse reaction to the COVID-19 vaccine. Health care professionals are trying to alleviate these fears by emphasizing that any reaction to the COVID-19 vaccine is usually very minor or rare. The Illinois Workers’ Compensation Act, Section 11, states as follows:…Read More
Employers often like to use Severance and Release Agreements when terminating employees because this process brings closure to what could be a potentially litigious situation. A Severance and Release Agreement is a contractual exchange between the two parties: the employer and the employee who is being let go. The employer gives the employee severance (money…Read More
On December 16, 2020, the EEOC issued the anticipated guidance for employers relating to the COVID-19 vaccine. There is nothing particularly surprising in the guidelines. The EEOC confirms that the laws that it administers do not, as a general matter, prohibit an employer from requiring employees to receive the COVID-19 vaccine or from requiring proof…Read More
For Illinois restaurant and bar owners who have experienced an overwhelmingly difficult year due to COVID-19 shutdown orders and service restrictions, undertaking the new required employee sexual harassment training may seem unnecessary. However, even if you are running on a lean staff and only providing take-out/delivery service, this training must still be completed by year…Read More
We see the same fact pattern time after time. A construction company signed a union contract (or perhaps several union contracts) years ago to finish a job under threat of union pickets. The company assumed that the dormant contracts were a dead issue years later because they had not been used for many years. Perhaps…Read More
When companies are suddenly audited by the Illinois Department of Employment Security (IDES), these audited companies start out assuming that they are “innocent until proven guilty” on the independent contractor issue. WRONG! The legal requirement for an audited company using independent contractors is that the company is presumed by the IDES to be the legal…Read More
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