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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

January 2018 Archives

Sexual Harassment Liability in Illinois: Who is Putting Your Company At Risk?

It is nearly impossible to glance at a current news source without seeing or hearing a story about sexual harassment. While the catalyst for this recent surge in sexual harassment stories has been the rampant harassment alleged, and at times admitted, in the entertainment industries, sexual harassment claims continue to be a substantial source of employment litigation in the courts.

The NLRB Erases Unfair and Arbitrary Policy Standard

In December 2017, the National Labor Relations Board (NLRB) issued a new decision which should help employers more easily determine if their handbook policies are legal under the National Labor Relations Act ("NLRA"). The NLRB delivered a new standard, via December's Boeing Company decision [365 NLRB No. 154 (Dec. 14, 2017)], by which the NLRB will test the legality of workplace policies. This decision is substantial for both union and non-union workplaces as the NLRB has been expanding its enforcement of handbook policies at non-union companies.

Lessons Learned: Effective Documentation

"The importance of documentation" is an axiomatic, and almost trite, battle cry that human resource professionals constantly beat into the psyches of their supervisors - quite often to no avail. But what, really, is "documentation?" When do you do it? How do you do it? And, what, exactly, are you supposed to document? More importantly, have you ever conveyed this information to your supervisors?

Employer Concern (Fear?) in 2018

As we open the book on Calendar 2018, there are various concerns for Employers. Obviously, the recent passage of a major overhaul of the United States Tax Code will present many opportunities to Employers, both from an accounting perspective (alleged tax savings) and also from a perspective of handling payroll systems. Obviously, this will be a continuing concern in 2018, but there are three (3) other areas that may "bode ill" for Employers.

All Employers in North Carolina Must Now Post an Independent Contractor Notice

There is a wide variation, state by state, as far as the treatment of the independent contractor versus employee classification issue. Laws regarding independent contractor status and unemployment insurance benefits, workers' compensation coverage, overtime, etc. vary widely from state to state. Yes, there are also Federal laws which impact independent contractor status; but, increasingly, states are enacting new and creative laws requiring employers to "jump through hoops" as far as permitting independent contractor usage.

Employers Need to Remain Diligent Regarding Discrimination/Retaliation Investigations in 2018

On November 15, 2017, the Equal Employment Opportunity Commission ("EEOC") issued its annual performance and accountability report. In the report the EEOC states that:

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