Because 2020 is a year filled with new employment laws for Illinois with effective various dates, we thought our clients would appreciate having a simple list to serve as a reminder of some key changes:
New Illinois Law and Effective date
Can an Illinois Employer have a ZERO TOLERANCE Policy for Marijuana (Cannabis)?
On December 4, 2019, Governor J.B. Pritzker signed legislation amending the Cannabis Regulation and Tax Act (Cannabis Act) commonly known as the Recreational Marijuana Law.
Merry Christmas, and Happy New Year Employers
On December 13, 2019, the National Labor Relations Board finalized a new rule reversing some of the most problematic provisions of the "Ambush Election Regulations" that went into effect under former President Obama in 2015. While the new regulations did not rescind all of the Obama amendments, the modifications will be of great value to Employers in responding to Union Election Petitions and dealing with the vexing issue of Union Representation.
Yes, You Can Win Before an IDES Hearing Officer on the Issue of Independent Contractor Status!!
Many clients are convinced that it is "hopeless" to protest the often disappointing results of an Illinois Department of Employment Security (IDES) audit and then win at a Hearing before an IDES Hearing Officer.
"OK, Boomer!"
Employers always seem to find themselves as the unwitting recipient/victim of the actions of others-sometimes other companies, sometimes the Government, but in almost all cases, some of their employees. Whether it is the Federal or State Government, the Me Too Movement or in this case, Generation Z and Millennials, Employers are always going to be "at the end of the line".
You Can't Have It Both Ways - Company Prevails In Case Involving Conflicting Representations In ADA, FMLA and Worker's Compensation Claims
By now it is almost cliché to talk about the "Bermuda Triangle" of employment law - difficult issues involving the ADA, FMLA and Worker's Compensation and the consternation they cause employers. Recently, however, Wessels Sherman attorney Alan Seneczko, who manages the firm's Wisconsin office, won a big victory for a client seemingly caught in that quagmire.
Internal Harassment Complaints
With the advent of the Me Too Movement and the extensive number of harassment complaints that have been played out in the public forum by the news media, an Employer, on a daily basis, can be confronted with an internal harassment complaint that requires prompt and accurate action by the Employer. Since the Complaint allegedly purports to represent an allegation of wrong-doing in the workplace, it may lead, if not handled correctly, to costly and time consuming litigation as well as potential workplace morale problems and/or issues. This article will attempt to address the potential mistakes that an Employer can make when they receive an internal harassment complaint.
IRS Form SS-8 Continues To Upset And Confuse Employers Across The U.S.!
The IRS SS-8 Program allows either a Company or a Worker to request that the IRS evaluate and determine whether the Worker is an employee or an independent contractor for Federal/IRS Purposes. The resulting Determination by the IRS SS-8 Unit is just the SS-8 Unit's "opinion" (not an actual audit!).
Illinois Employers Alert!: There is A New Illinois Law regarding Severance and Release Agreements!
As many readers may be aware, there are several new and significant employment laws that were recently passed in Illinois which become effective January 1, 2020.
Illinois Recreational Cannabis Law Is Raising Many Questions for Employers
Over the last month, nearly half the calls I receive are about Illinois's new recreational cannabis law which takes effect on January 1, 2020. Employers have many questions about the new law. Below are some of the most commonly asked questions that I have received.
