Protecting Employers Since 1985

Look for An About Face in the NLRB’s Business-Friendly Posture

By Richard H. Wessels / January 26, 2021

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…

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COVID-19 Vaccine Alert for Illinois Employers: What if Your Employee Has A Reaction to the Vaccine? Who is Liable?

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

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:…

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The Ten Most Common Questions Illinois Employers Ask About the Use of Severance and Release Agreements for Terminations

By Nancy E. Joerg / January 26, 2021

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…

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Vaccines Finally Arriving – The Legality of Employer Vaccine Mandates

By Jennifer Adams Murphy / December 18, 2020

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…

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Illinois Restaurant and Bar Owners – Good News: The IDHR Has Released Its Supplemental Model Training PowerPoint for Restaurants and Bars

By Jennifer Adams Murphy / December 18, 2020

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…

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Be Careful About Those Old Construction Industry Union Contracts

By Richard H. Wessels / December 17, 2020

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…

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IDES Audits: Burden of Proof is on the Company – Don’t Take a Passive Approach!!

By Nancy E. Joerg / December 16, 2020

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…

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IDES Audits Are Resuming!: Illinois Companies Who Use Independent Contractors Should Prepare Prior To Receiving A Notice Of IDES Audit!

By Nancy E. Joerg / September 10, 2020

We are seeing Illinois Department of Employment Security (IDES) audits starting to resume! When an Illinois company who uses independent contractors is audited by the IDES, the company often thinks they are “innocent until proven guilty” on the independent contractor issue. WRONG! WORKERS ARE PRESUMED TO BE EMPLOYEES: The legal requirement for a company using…

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Labor Law Developments In 2020

By Walter J. Liszka / September 8, 2020

Both the State of Illinois and the City of Chicago have been very active in creating new Employment Law Employer Responsibilities in Calendar 2020: Model Training Program for Mandatory Sexual Harassment Prevention: The Illinois Department of Human Rights has released its Model Training Program for the prevention of Sexual Harassment. Under the Illinois Human Rights…

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Illinois Department of Human Rights Issues Guidance Relating to Non-Discrimination in Medical Treatment for COVID-19

By Anthony J. Caruso Jr. / September 4, 2020

Healthcare institutions are prohibited from discriminating against their employees and their PATIENTS under federal civil rights laws, the Affordable Care Act, the Rehabilitation Act, and the Americans with Disabilities Act. Employers in the healthcare field should do the mandatory annual harassment training, as required by the Illinois Human Rights Act focused not only on employee,…

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