Menu Wessels Sherman Joerg Liszka Laverty Seneczko P.C.
Protecting Employers for Over 30 Years
Office Location
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

Wessels Sherman Labor and Employment Law Blog

On the Lighter Side

Dick Wessels' Client Visits and Restaurant Tips

Client visits: You may have heard that our firm's founder, Dick Wessels, since 1985 has had a practice of paying a short visit to clients and friends of Wessels Sherman. His deep conviction is that it is important to actually visit the place of business to get a feel of what they are all about. Dick has never wavered in this belief. He knows how busy managers are so he never stays longer than 10 minutes. Dick regularly says he will leave mid-sentence if it goes into the 11th minute.

Pro-Business Majority Now in Control at NLRB

Good news for business! On April 11, 2018, the US Senate confirmed Morgan Lewis & Bockius attorney John Ring to fill the National Labor Relations Board's only remaining vacancy. With this confirmation, the NLRB will be at full strength with a 3-2 pro-business majority. This clears the way for the Trump administration appointees to resume their pro-business agenda.

Is Your Company Covered Under the Family and Medical Leave Act?

Did you Count Temp and Part-Time Employees?

If you are a Company covered under the Family and Medical Leave Act (FMLA), eligible employees are entitled to leave (either consecutive or intermittent) of up to 12 work weeks of leave in a 12 month period under certain circumstances. PLUS the Company must continue to pay the employer's share of the employee's individual group health insurance premiums during the leave. These entitlements can be very disruptive and costly to an employer. So, is your Company covered?? Does your Company have to have and follow an FMLA policy?

A 2018 Update For Illinois Trucking Companies Who Use Independent Contractors: Another Look At Owner-Operators!

The purpose of this article is to update readers on what has been happening recently with Illinois Department of Employment Security ("IDES") Hearings (and IDES audits) regarding the classification of owner-operator truck drivers (i.e., are they independent contractors or misclassified employees for purposes of Section 212.1?).

Recent Court Ruling On Equal Pay Suggests That Salary History Questions May Be Off Limits In Job Interviews

Asking job applicants how much they make with their current employer, or what they've been paid in prior positions, are common questions in job interviews for many hiring employers. While questions on salary history generally are not per se unlawful - yet - they can land an employer in hot water. The legal theory against salary questions in onboarding is based on the Equal Pay Act of 1963 and its state law counterparts. These laws make it unlawful for an employer to pay women less than men for doing the same work. However, despite more than 50 years since the Equal Pay Act became law, there are growing concerns that women continue to be paid less than men. If true, basing job offers on a woman's salary history could serve to perpetuate gender-based disparities in pay. This was the rationale in a recent decision issued by the U.S. Court of Appeals for the Ninth Circuit, in California, which held that setting initial pay of new hires based on their salary history cannot serve as a defense to an Equal Pay claim. This decision conflicts with a 1995 opinion of the U.S. Court of Appeals of the Seventh Circuit, in Chicago, which held that salary history is a "factor other than sex" that may provide a defense to claims challenging pay differences based on gender. A showdown before the U.S. Supreme Court now seems likely. Additionally, emerging laws and administrative requirements aimed at "closing the pay gap" and/or "breaking the glass ceiling" are ushering in significant change. Employers who fail to stay ahead of this trend risk trouble down the road.

DOL Rolls Out Voluntary Self-Audit Program (PAID)

On April 3, 2018 the Department of Labor implemented a new pilot program, in effect for the next six months, under which employers may correct inadvertent minimum wage and overtime violations without the imposition of penalties or liquidated damages (employers must still pay 100% of any back wages owed). Under the new program - Payroll Audit Independent Determination (PAID), employers are encouraged to conduct self-audits, and if they discover any violations, to report them to the Wage and Hour Division, which will work with the employer and affected employees to correct them.

Love Contracts And Policies On Office Romance: What Can An Employer Do?!

There has been so much written lately both in gossip columns and legal (and standard) news about sex harassment in the workplace. Employers are understandably quite nervous about dating among co-workers. Can it lead to lawsuits? When does it deteriorate to sex harassment? What should an employer do?

"Me Too" Movement and "Hush Money"

With the ever increasing coverage and commentary regarding sexual harassment issues (even Speaker Mike Madigan's office recently) there have been two (2) very interesting developments in the arena of sexual harassment/sexual abuse that Employers should be aware of.

Expunged Conviction Not A "Conviction" Under WFEA

HR professionals that conduct criminal background checks on prospective employees are well aware of (or should be) the Wisconsin Fair Employment Act's prohibition against discrimination on the basis of an individual's arrest or conviction record. Under the WFEA, an employer may not discriminate against an employee or prospective employee on the basis of a pending arrest or conviction, unless the circumstances of the arrest/conviction are substantially related to the circumstances of the proposed employment. Easy enough? Not really.

Temporary Employees May Sue Host Employers for Injuries

In a stunning recent decision, the Wisconsin Court of Appeals held that temporary employees who are injured/killed while performing services for their host employer have the right to choose between the receipt of workers' compensation benefits under the Wisconsin Worker's Compensation Act or the pursuit of a personal injury claim against the host employer. Under the Wisconsin Worker's Compensation Act, temporary employees who are injured while performing services for their host employer and "make a claim" for worker's compensation benefits are precluded from maintaining an action in tort against the employer that compensates the temporary agency for their services (i.e., the "host" employer). Thus, if the employee makes a claim for worker's compensation benefits against the temporary agency, he/she may not pursue a personal injury claim against the employer for which it was performing services when injured. But what if the employee never "makes a claim for compensation" against the temporary employer, and chooses instead to sue the host employer?

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

Phone: 312-629-9300
Map & Directions
Chicago, IL Office

9800 Shelard Parkway
Suite 310
Minneapolis, MN 55441

Phone: 952-746-1700
Map & Directions
Minneapolis, MN Office

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

Phone: 262-560-9696
Map & Directions
Milwaukee, WI Office

101 West Second Street
Suite 307
Davenport, IA 52801

Phone: 563-333-9102
Map & Directions
Davenport, IA Office

Dunham Center
2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
Map & Directions
St. Charles, IL Office

Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.