Protecting Employers Since 1985

Cemex Decision and the New Rules for Union Organizing

By Richard H. Wessels / September 21, 2023

In our September Client Alert, we wrote about the extraordinarily pro-union NLRB decision in Cemex. Here are links to NLRB press release and the decision itself. This decision revamps completely the process for a union to be recognized. The old procedure called for the union to demand recognition and the employer could tell the union…

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The Benefits Of Conducting A Self-Audit On Your Company

By Joseph H. Laverty / September 16, 2023

Employment law issues run the complete range from discrimination and harassment to unsafe conditions – but one thing remains the same: If you as the employer are violating a law you could be opening your company and yourself to liability. Below are common employment laws to conduct an audit on. Common Employment Law Issues Common…

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Seventh Circuit Reverses Course In The Case Of A Teacher Fired For Objecting, Based On His Christian Faith, To Using Transexual Student’s Preferred Pronoun

By James B. Sherman / August 31, 2023

Our readers may recall my June 30 E-Alert covering several significant Supreme Court decisions issued that day, including the ruling in Groff v. DeJoy.  In Groff, the Court “clarified” (a better term might be “increased”) the burdens employers are required to endure before they may lawfully refuse a request for religious accommodations based on “undue…

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Cemex NLRB Decision Will Make Union Organizing Much Easier

By Richard H. Wessels / August 30, 2023

On August 25, 2023, the NLRB gave a major victory to unions and allows unions to represent employees without a formal vote. The decision is Cemex Construction Materials Pacific, LLC. The new procedure requires employers to recognize a union when the union demands recognition based on a claimed majority showing support. The union does not…

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Attention Employers: New Federal Law Protecting Pregnant Workers

By Anthony J. Caruso Jr. / August 29, 2023

On June 27, 2023, the new federal law, Pregnant Workers Fairness Act (PWFA) went into effect.  Who is covered under the new law? Private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations. Note: employees and job applicants are covered by this law. What does the law…

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AI in the Human Resources Arena

By Joseph H. Laverty / August 26, 2023

Artificial Intelligence (AI) is transforming human resources departments. While the benefits of AI include increased efficiency and cost benefits, the dangers are bias and discrimination. As a result, regulators are rapidly enacting laws to govern the use of AI in employment decisions, presenting a challenge for employers to keep up with legislation and remain compliant.…

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Remote Work as an Accommodation in the Post-COVID Workplace

By Alan E. Seneczko / August 17, 2023

There was a time in the not too distant past when working from home was generally not a reasonable accommodation under the ADA. Mobley v. Allstate Ins. Co., 531 F.3d 539, 547-48 (7th Cir. 2008). In fact, the Seventh Circuit was quite emphatic in its position on this issue: “[A]n employer is not required to…

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Construction Industry Labor Law

By Richard H. Wessels / August 16, 2023

Our firm’s practice area is management-side labor and employment law. I focus my practice on the labor law side of things and that pretty much means dealing on behalf of employers with labor unions. Disputes in this area are in the exclusive jurisdiction of the National Labor Relations Board (NLRB). Construction industry labor law is…

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What To Make Of Diversity, Equity, And Inclusion (DEI) In The Workplace?

By James B. Sherman / July 31, 2023

In the aftermath of the protests and civil unrest of 2021, more and more businesses embraced what has come to be known as “diversity, equity, and inclusion,” or DEI.  Today, most people have at least some general understanding of what DEI is about.  For many businesses DEI represents a commitment to promote diversity and equitable…

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UPS And The TEAMSTERS Reach A Tentative Agreement, Averting An August 1, 2023 Strike!!!!

By Wessels Sherman / July 24, 2023

Last week it was announced that UPS and the Teamsters had agreed to a tentative 5-year union contract that would avert a strike, most likely starting August 1, 2023.  The Teamsters represent approximately 340,000 UPS workers, which is the world’s largest package delivery firm.  If a strike was not averted, it was estimated that that…

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