Protecting Employers Since 1985

Eighth Circuit Dismisses Challenge to Iowa’s Mask-Mandate Ban in Public Schools

By John D. Simmons / March 1, 2024

On February 27, 2024, the Eighth Circuit Court of Appeals issued an Order regarding Arc of Iowa, et. al., v. Reynolds, et. al. that reversed course on its prior decision that the plaintiffs were entitled to an injunction prohibiting enforcement of Iowa’s ban on mask-mandates in public schools. This case was originally brought by the…

Read More

RECENT APPELLATE COURT DECISION PROVIDES IMPORTANT LESSONS ON THE IMPORTANCE OF TRACKING INTERMITTENT FMLA LEAVE/HOW NOT TO IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN

By James B. Sherman / February 29, 2024

This week the U.S. Court of Appeals for the Seventh Circuit, in Chicago, overturned a healthcare employer’s summary judgement win in an FMLA interference and retaliation case.  The case involved a managerial employee who in her employer’s view was terminated for performance – not meeting expectations – after being placed on a performance improvement plan,…

Read More

When Is a Request for Accommodation Not a Request for Accommodation?

By Alan E. Seneczko / February 27, 2024

If an employee with a history of anxiety presents a list of requested actions for workplace grievances and labels it a “request for accommodation,” is it? How do you distinguish between gripes about the work environment and legitimate requests for accommodations under the ADA? In Kelly v. Town of Abingdon, 90 F.4th 158 (4th Cir.…

Read More

US Department of Labor’s Final Rule on Fair Labor Standards Act on White-Collar Exemptions is Ready to Set New Salary Requirements

By Anthony J. Caruso Jr. / February 24, 2024

Timeline of final rule: On September 8, 2023, the US Department of Labor released its proposed rules. As such, the federal agency has a target date of April, 2024 for the enactment of the final rule. The Proposed Rule: The salary threshold would be increased from the current $684 per week ($35,568 per year) to…

Read More

THE NLRB ACCUSES WALMART OF UNLAWFULLY “SUPPRESSING” EMPLOYEE COMPLAINTS ABOUT ITS COVID-19 SAFETY RULES, AND OF MAINTAINING AN “ILLEGAL RULE” BARRING EMPLOYEES FROM MAKING RECORDINGS IN THE WORKPLACE

By Wessels Sherman / February 23, 2024

Those employers who have previously had the pleasure of “making the acquaintance” of the NLRB, probably already know that today’s NLRB is not your parents’ NLRB. Precedent that has stood for decades is being rewritten by the current Board at a frenetic pace. Case in point – a recent complaint issued by the NLRB’s Regional…

Read More

Some Thoughts about Workplace Violence

By Richard H. Wessels / February 20, 2024

A few weeks ago I had a client call with questions about threatened workplace violence. A discharged employee was returning to the company parking lot regularly and looked pretty menacing. I gave him my advice and emailed my commentary on the subject from our newsletter. I think it gave some good advice. Click here to…

Read More

US Department of Labor’s Final Rule on Independent Contractor vs Employee is Ready to Set New Standards

By Anthony J. Caruso Jr. / February 1, 2024

On January 10, 2024, the US Department of Labor (DOL) published the Final Rule (standards) for assessing whether a worker is an independent contract or employee in the Federal Register. The Final Rule is scheduled to take effect on March 11, 2024 The Final Rule is a six factor Economic Reality Test: The above factors…

Read More

Music as Harassment – Will the Real Slim Shady please … sit down?

By Alan E. Seneczko / January 31, 2024

Have you ever wondered whether some hip-hop music, with its misogynistic, sexually graphic lyrics and frequent use of the “n-word,” could form the basis of a harassment claim if played in the workplace? If so, you now have an answer. In Sharp v. Activewear, L.L.C., 69 F.4th 974 (9th Cir. 2023), the Ninth Circuit addressed…

Read More

DEI DONE RIGHT – EASIER SAID THAN DONE

By James B. Sherman / January 30, 2024

Promoting diversity, equity, and inclusion, or DEI in the workplace seems a worthy goal for any employer. After all it is the ethical thing to do, right? And if DEI is ethical, you might think it would be simple enough for any ethical business to implement. Just do the right thing by people, right?  But…

Read More

Three New Year’s Resolutions For Employers In 2024

By James B. Sherman / January 2, 2024

The beginning of a new year is a time of reflection and resolve for positive change. Resolutions for self-improvement on health, relationships, and other personal goals abound. Some will fail to materialize. Many will be short-lived. However, in the business world changes are often imposed by law and cannot so easily be ignored. Here are…

Read More

COVID-19 Resources

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

Categories

Schedule your confidential consultation

Contact Wessels Sherman 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.