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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

October 2017 Archives

Common Mistakes Found in Illinois Employee Handbooks

Beware Illinois employers! Just because a policy is in or not in your employee handbook does not make it legal under employment laws.

Watch Out For Minefields in the IDES Worker Relationship Questionnaire: Proving Your Independent Contractors Are Not Misclassified

If your Company is audited by the Illinois Department of Employment Security (IDES) and you use independent contractors, you will (almost always!) be asked to complete the IDES Worker Relationship Questionnaire for each group or type of independent contractor.

Illinois Responsible Job Creation Act

Effective as of June 1, 2018, the Illinois Responsible Job Creation Act, which amends the Day and Temporary Labor Services Act (820 ILCS 175/1 et seq.), is intended to strengthen and stiffen the Temporary Staffing Industry Regulation. It is alleged that there are over five hundred thousand (500,000) Temporary Workers in the State of Illinois and that more stringent regulations, both of Day and Temporary Labor Service Agencies and Third Party Users, is necessary. Whether this is true or not may be subject to debate, but our brilliant and esteemed legislators believe that it is a necessary course of action.

Extended Medical Leaves and the ADA: Court Provides Much-Needed, Long-Awaited Clarity

"The ADA is an antidiscrimination statute, not a medical-leave entitlement." These are the words employers have been waiting more than 25 years to hear, since the date the ADA first became effective, and even more so after the passage of the Family Medical Leave Act in 1993. They address an issue that has vexed employers since day one; that is, whether the duty to accommodate requires an employer to provide an extended medical leave after an employee has exhausted all of the medical leave available to him under the FMLA. The EEOC has vigorously contended that it does, particularly where the proposed leave is of a definite, time limited duration; requested in advance; and, likely to enable the employee to perform the essential functions of his job upon his return. On September 20, 2017, the Seventh Circuit Court of Appeals flatly rejected the EEOC's contention.

The Holidays Are A'Comin

Over the past few years, the author has written a "Holiday Article" to provide some guidance/legal insight into the somewhat complicated "Business Holiday Party". I have received numerous suggestions and/or recommendations (and some good natured kidding), but I am not detoured! It is never too early to begin planning for the Holiday Season of Calendar 2017!

New Exemptions to the ACA's Contraception Mandate & Final Versions of the 2017 Forms 1094-C and 1095-C

On October 6, 2017, the Trump administration issued new rules exempting both religious and non-religious employers that object to the ACA's contraceptive mandate, which requires most employers to provide contraceptive services at no out-of-pocket cost, based on sincerely held religious beliefs or moral convictions. Predictably, multiple organizations and attorneys general announced that they will challenge and/or sue the Trump administration over the new rules (and several already have); however, until the outcome of those challenges and lawsuits are decided, the new rules govern.

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Phone: 630-377-1554
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Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

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