Protecting Employers Since 1985

OSHA Vaccine Mandate Back On

By Alan E. Seneczko / December 20, 2021

In the on-again-off-again legal environment surrounding the OSHA vaccine mandate, on Friday, December 17, 2021 the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay of OSHA vaccine mandate and reinstated the Emergency Temporary Standard (ETS). The ETS, which requires employers with 100 or more employees to implement and enforce a mandatory vaccine policy…

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OSHA Suspends Enforcement of Vaccine Mandate

By Alan E. Seneczko / November 18, 2021

On November 17, 2021, OSHA announced that, given the decision of the Fifth Circuit, it is suspending enforcement of its COVID vaccine mandate: On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86…

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OSHA Vaccine Mandate Future In Doubt

By Alan E. Seneczko / November 17, 2021

“IT IS ORDERED that OSHA take no steps to implement or enforce the [vaccine] Mandate until further court order.” In a decision highly critical of OSHA’s November 5, 2021 Emergency Temporary Standard (“ETS”), which mandates that all employers with 100 or more employees “develop, implement and enforce a mandatory COVID-19 vaccine policy,” on November 12,…

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OSHA Issues Vaccine Mandate

By Alan E. Seneczko / November 4, 2021

This morning the Occupational Safety and Health Administration announced the issuance of its much anticipated, highly controversial COVID vaccine mandate. The Emergency Temporary Standard, to be published in tomorrow’s Federal Register, becomes effective on publication. Employers are required to comply with its requirements within 30 days, except for the mandatory vaccines, which must be completed…

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Minnesota Supreme Court Holds Employers Need Not Reimburse Employees For The Cost Of Medicinal Cannabis To Treat A Work-Related Injury

By James B. Sherman / October 13, 2021

Today the Minnesota Supreme Court reversed two Workers’ Compensation Court of Appeals decisions that had required employers to reimburse the cost of medicinal cannabis prescribed to treat work-related injuries.  The Court held that orders regarding cannabis made under the Minnesota Workers’ Compensation Act, are preempted by the federal Controlled Substances Act. The Court’s ruling means…

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IDES “Voluntary Leave” Unemployment Insurance Issues Including A Look At Leaving Because Of Covid-19 Vaccination Mandate

By Nancy E. Joerg / September 28, 2021

Illinois employers often believe that if an employee quits, that employee is not eligible for unemployment insurance benefits. While this is generally true, many legal issues can arise that may muddy the waters. Let us look at the unemployment insurance law in Illinois with regard to voluntary leaving. Under Section 601 of the Illinois Unemployment…

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Major Changes Coming to Non-Compete/Non-Solicitation Restrictive Covenants in Illinois

By Anthony J. Caruso Jr. / September 27, 2021

On August 13, 2021, Governor J.B. Pritzker signed into law major amendments to the Illinois Freedom to Work Act which will become effective January 1, 2022. What is covered: Employment agreements with non-compete and non-solicitation covenants signed after January 1, 2022.  New Salary Requirements: Prohibits non-competes with employees earning less than $75,000 per year. Prohibits…

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Pro-Union Changes Coming at the NLRB

By Richard H. Wessels / August 16, 2021

The newly appointed General Counsel, Jennifer Abruzzo, of the National Labor Relations Board has just given the business community a road map of her pro-union agenda. Ms. Abruzzo comes to the key General Counsel position after serving as an attorney for the Communication Workers of America. On August 12, 2021, Ms. Abruzzo issued a memorandum…

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Illinois Employers Beware! The Illinois Sick Leave Act Differs from the FMLA as to Covered Family Members and Reasons for Leave

By Anthony J. Caruso Jr. / July 29, 2021

Illinois employers must carefully review their sick leave policies to ensure compliance under both state and federal laws.

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Proving Misconduct Before The Illinois Department Of Employment Security (IDES)

By Nancy E. Joerg / July 27, 2021

When firing an employee and the firing is for misconduct, it is extremely important to think through how you are going to prove the employee’s misconduct. Strategic planning prior to firing the employee is crucial. If you think through these issues thoroughly, your batting average at winning IDES misconduct Hearings will go up dramatically.

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