Protecting Employers Since 1985

IDES “Voluntary Leave” Unemployment Insurance Issues Including A Look At Leaving Because Of Covid-19 Vaccination Mandate

By Nancy E. Joerg / September 28, 2021

Illinois employers often believe that if an employee quits, that employee is not eligible for unemployment insurance benefits. While this is generally true, many legal issues can arise that may muddy the waters. Let us look at the unemployment insurance law in Illinois with regard to voluntary leaving. Under Section 601 of the Illinois Unemployment…

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Major Changes Coming to Non-Compete/Non-Solicitation Restrictive Covenants in Illinois

By Anthony J. Caruso Jr. / September 27, 2021

On August 13, 2021, Governor J.B. Pritzker signed into law major amendments to the Illinois Freedom to Work Act which will become effective January 1, 2022. What is covered: Employment agreements with non-compete and non-solicitation covenants signed after January 1, 2022.  New Salary Requirements: Prohibits non-competes with employees earning less than $75,000 per year. Prohibits…

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Pro-Union Changes Coming at the NLRB

By Richard H. Wessels / August 16, 2021

The newly appointed General Counsel, Jennifer Abruzzo, of the National Labor Relations Board has just given the business community a road map of her pro-union agenda. Ms. Abruzzo comes to the key General Counsel position after serving as an attorney for the Communication Workers of America. On August 12, 2021, Ms. Abruzzo issued a memorandum…

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Illinois Employers Beware! The Illinois Sick Leave Act Differs from the FMLA as to Covered Family Members and Reasons for Leave

By Anthony J. Caruso Jr. / July 29, 2021

Illinois employers must carefully review their sick leave policies to ensure compliance under both state and federal laws.

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Proving Misconduct Before The Illinois Department Of Employment Security (IDES)

By Nancy E. Joerg / July 27, 2021

When firing an employee and the firing is for misconduct, it is extremely important to think through how you are going to prove the employee’s misconduct. Strategic planning prior to firing the employee is crucial. If you think through these issues thoroughly, your batting average at winning IDES misconduct Hearings will go up dramatically.

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Employers Beware: Illinois Law Amended to Protect Applicants and Employees with Criminal Conviction Record

By Anthony J. Caruso Jr. / June 1, 2021

On March 23, 2021, Governor J.B. Pritzker signed into law amendments to the Illinois Human Rights Act (P.A. 101-656) with regard to criminal conviction records of applicants and employees in the state of Illinois. The amendments took effect immediately, so Illinois employers must become well informed about the new restrictions on the ability of an…

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Employee Handbooks: Policies Illinois Employers Should Be Sure to Include

By Nancy E. Joerg / May 29, 2021

There is no legal requirement that an Illinois employer must have an Employee Handbook. However, most Illinois employers do have an Employee Handbook because 1) it is a convenient way to distribute the employer’s policies to its employees and 2) there are certain legal protections that having an Employee Handbook brings to an employer. In…

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Illinois Department of Labor Issues COVID-19 Vaccine Guidance to Employers

By Anthony J. Caruso Jr. / March 26, 2021

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…

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Illinois Employers Ask: Why is the IDES Auditing My Company?!

By Nancy E. Joerg / March 24, 2021

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…

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News update on NLRB General Counsel

By Richard H. Wessels / January 28, 2021

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…

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