Protecting Employers Since 1985

SCOTUS Reverses Practice of Deferring to Federal Agency Rules Interpreting Law

By James B. Sherman / June 28, 2024

Just last Friday the U.S. Supreme Court issued decisions in a pair of companion cases, overturning longstanding precedent that instructed federal courts to defer to agency interpretations of the laws they enforce. The precedent was established by the Court forty years ago, in Chevron v. Natural Resources Defense Counsel.  The holding of that case, which…

Read More

The Constantly Evolving Landscape of Illinois Paid Leave Requirements in July 2024

By John D. Simmons / June 28, 2024

We have now had several months to begin adjusting to the implementation of Illinois’ Paid Leave for All Workers Act, which went into effect on January 1, 2024. On December 31, 2023, Cook County enacted its own companion ordinance, and on July 1, 2024 the City of Chicago will begin implementing its own alternative. The…

Read More

Current Status of Non-Compete Agreements in Illinois

By Joseph H. Laverty / June 27, 2024

On April 23, 2024, the Federal Trade Commission (FTC) published its final rule regarding non-compete clauses. The final rule bans most non-compete clauses between employers and their workers. The effective date of the final rule is September 4, 2024. The final rule allows employers to maintain existing non-compete agreements with “senior executives” (those who make…

Read More

Eighth Circuit Court of Appeals Holds that a Minnesota School District Violated Free Speech by Promoting Black Lives Matter in Classrooms, While Excluding “Blue Lives” and “All Lives” Matter Themes

By James B. Sherman / June 25, 2024

In the wake of a Minneapolis police officer’s murder of George Floyd and widespread rioting that ensued, teachers at a Twin Cities area school pressed the school’s superintendent to allow them to promote Black Lives Matter in the classroom. Initially, the superintendent denied the request as a violation of school policy against bringing politics into…

Read More

Employee Fired for Rude and Aggressive Behavior Deemed Ineligible for Unemployment Compensation Benefits

By James B. Sherman / June 22, 2024

Generally, I don’t write much about unemployment compensation decisions.  They don’t impact a business the way a lawsuit can, and employers just don’t seem to find them very interesting.  I suspect some of the disinterest stems from unfavorable outcomes employers come to expect when a terminated employee’s application for unemployment compensation benefits is challenged based…

Read More

State Attorney Generals Sue EEOC Saying Guidance On Gender Identity Is Overreaching

By Joseph H. Laverty / May 30, 2024

Numerous State Attorney Generals filed suit in May 2024 claiming the Equal Employment Opportunity Commission (“EEOC”) enforcement guidance on harassment in the workplace went too far in trying to legislate protections around gender identity that go beyond what the U.S. Supreme Court established in the 2020 Bostock v. Clayton County decision. The last time the…

Read More

Attention Illinois Companies: Changes in the Law Will Soon Affect Businesses Using Freelance Workers in Illinois

By Anthony J. Caruso Jr. / May 29, 2024

Illinois Freelance Worker Protection Act Intent of the law Major Provisions Enforcement of the contract by the freelance worker in Circuit Court of Illinois How to prepare for the new Law: Questions? Contact Anthony J. Caruso, Jr, in our St. Charles office by email or at 630-377-1554

Read More

Iowa Supreme Court Reverses Jury Award of $1.4M in Wage Discrimination Decision

By John D. Simmons / May 28, 2024

The Supreme Court of Iowa recently vacated a jury award of nearly 1.4 million dollars, an award that could have otherwise been tripled, finding that the plaintiff failed to properly prove her claims for either sex-based wage discrimination or retaliation. The lawsuit alleged sex discrimination in wages and went to a jury despite the defendant’s…

Read More

Diversity and Inclusion Run Amok: “First Thing We Do, Let’s Get Rid of the White Guys”

By Alan E. Seneczko / May 25, 2024

With apologies to Shakespeare, the above version of his oft-quoted passage is a good reflection of what not to do when carrying out Diversity, Equity and Inclusion initiatives, as a North Carolina healthcare conglomerate learned the hard way – to the tune of $2,457,527 in backpay, $1,078,066 in front pay, $332,793 in prejudgment interest, and…

Read More

UAW Loses Organizing Campaign in Alabama

By Joseph H. Laverty / May 24, 2024

After the United Auto Workers (“UAW”) signed contracts with numerous auto workers in 2023, they announced their organizing intentions at nonunion automakers who have numerous facilities in the South. In May 2024, Mercedes employees at the company’s plants in Vance and Woodstock, Alabama, voted against UAW representation in an election trying to unionize both plants.…

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.