Protecting Employers Since 1985


By James B. Sherman / March 31, 2023

Many jobs require regular overtime or some minimum number of hours per day or week. If working a certain number of hours amounts to an essential function of a job, employees or applicants who cannot work those hours are generally unqualified. Even under the ADA, excusing a disabled individual from regularly working the hours essential…

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Federal Law – “Speak Out Act!” – Limits the Use of Non-Disclosure and Non-Disparagement Provisions in Pre-Dispute Employee/Employer Agreements

By Anthony J. Caruso Jr. / March 30, 2023

Effective Date: President Biden signed it into law on December 7, 2022. What It Does: Renders unenforceable non-disclosure and non-disparagement provisions in employee/employer agreements. Type of Agreements: Related to allegation of sexual assault and/or sexual harassment and that are entered into “before the dispute arises.”   “Before the Dispute Arises” Defined: Before a lawsuit is…

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NLRB Returns to Micro Units in NLRB Election Cases

By Richard H. Wessels / March 1, 2023

The pro union Board has returned to the Specialty Healthcare appropriate unit standard. This pretty much means that Unions will get whatever they want as the voting unit for a union organizing election. Click here for the NLRB’s press release. Questions? Contact Richard Wessels at 630.377.1554 or by email

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By James B. Sherman / February 22, 2023

Yesterday, the National Labor Relations Board reversed Trump-era Board precedent, and arguably expanded its precedent from the Obama administration, to declare unlawful two clauses commonly used by employers when offering severance packages. The decision in McLaren Macomb, Case No. 07-CA-263041 (2/21/2023) held that the employer, a Michigan hospital, violated the National Labor Relations Act by…

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“Honest Suspicion” of Employee’s Abuse of Approved FMLA Leave, Justified Suspension

By James B. Sherman / February 17, 2023

The U.S. Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit claiming an employer violated the FMLA by suspending its employee over his use of intermittent leave. The case involved a married couple who worked for the same employer. Both were certified and approved for intermittent FMLA leave, but for…

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Illinois Employers Be Alert: The CROWN Act Will Protect Natural Hairstyles in the Workplace

By Anthony J. Caruso Jr. / February 1, 2023

On June 29, 2022, Governor J.B. Pritzker signed into law the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act, effective January 1, 2023. What is changed: The CROWN Act amends the Illinois Human Rights Act in an expanded definition of protection due to race. What is the new definition of race: “Race”…

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Illinois Legislature Passes Paid Leave for All Workers Act Providing Annual Paid Leave Which May be Used for any Reason

By Jennifer Adams Murphy / January 13, 2023

On January 10, 2023, the Illinois Legislature passed the Paid Leave for All Workers Act (the “Act”).  This Act is awaiting Governor Pritzker’s signing, but he has clearly indicated strong support of the Act and his intent to sign the Act into law.  This Act will not go into effect until January 1, 2024.  There…

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It Must be an Election Year

By James B. Sherman / November 4, 2022

When politics work their way into the field of labor law, as they often do in an election year, things tend to go a little sideways. 2022 is no exception, as demonstrated by these two recent developments. Constitutional Amendment: Tuesday’s ballot in Illinois includes a proposed amendment to the State’s Constitution to ban Right-To-Work laws.…

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Election Day Voting Laws 2022

By Wessels Sherman / November 2, 2022

Someone said there are elections next Tuesday? Here are some helpful tips for employers to minimize election day disruptions Next Tuesday, November 8th is Election Day. Each state has voting laws that provide employees with time off work to vote. While generally the same, each state’s statute has its own nuances employers in those states…

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NLRB Reverses Course and Holds that Dues Checkoff provisions of a labor contract survive contract expiration

By Richard H. Wessels / October 4, 2022

Once again, the NLRB has reversed course and overruled prior case law. This time, the holding is that an employer cannot unilaterally stop union dues checkoff when a collective bargaining agreement ends. Reversals such as this can be expected because union-leaning members of the Board have a three-two majority. The issue is whether an employer,…

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