Protecting Employers Since 1985

Employee Handbooks: Policies Illinois Employers Should Be Sure to Include

By Nancy E. Joerg / May 29, 2021

There is no legal requirement that an Illinois employer must have an Employee Handbook. However, most Illinois employers do have an Employee Handbook because 1) it is a convenient way to distribute the employer’s policies to its employees and 2) there are certain legal protections that having an Employee Handbook brings to an employer. In…

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Illinois Department of Labor Issues COVID-19 Vaccine Guidance to Employers

By Anthony J. Caruso Jr. / March 26, 2021

As the COVID-19 vaccine rollout continues, the Illinois Department of Labor (IDOL) issued in March 2021, the following guidance for employers. Mandatory Vaccination Programs       Wages: If an employer requires employees to get vaccinated, the time the employee spends obtaining the vaccine is likely compensable even if it is non-working time.       Paid Leave: Time…

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Illinois Employers Ask: Why is the IDES Auditing My Company?!

By Nancy E. Joerg / March 24, 2021

One of the most frequent questions that Illinois companies have asked me over the years is, “Why me?” They want to know why the Illinois Department of Employment Security (IDES) has selected their company to be audited. IDES auditors have a legitimate and important function: to make sure that Illinois employers are paying their fair…

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News update on NLRB General Counsel

By Richard H. Wessels / January 28, 2021

Hot off the presses! The NLRB just released the news that Peter Sung Ohr has been appointed General Counsel to replace Peter Robb. It’s clear that the Biden administration’s strategy is to deny the pro-business forces at the NLRB the opportunity to make continued changes during the last ten months of Peter Robb’s term. Peter…

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Look for An About Face in the NLRB’s Business-Friendly Posture

By Richard H. Wessels / January 26, 2021

The new Biden administration signaled an aggressive approach to changes at the National Labor Relations Board (“NLRB” and/or “Board”). On his first day in office, President Joe Biden made good on a threat to fire National Labor Relations Board General Counsel Peter Robb, who had rebuffed an earlier request to resign. Robb’s firing ends a…

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COVID-19 Vaccine Alert for Illinois Employers: What if Your Employee Has A Reaction to the Vaccine? Who is Liable?

By Anthony J. Caruso Jr. / January 26, 2021

During this horrible pandemic, there is a concern among employees about the risk of an adverse reaction to the COVID-19 vaccine. Health care professionals are trying to alleviate these fears by emphasizing that any reaction to the COVID-19 vaccine is usually very minor or rare. The Illinois Workers’ Compensation Act, Section 11, states as follows:…

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The Ten Most Common Questions Illinois Employers Ask About the Use of Severance and Release Agreements for Terminations

By Nancy E. Joerg / January 26, 2021

Employers often like to use Severance and Release Agreements when terminating employees because this process brings closure to what could be a potentially litigious situation. A Severance and Release Agreement is a contractual exchange between the two parties: the employer and the employee who is being let go. The employer gives the employee severance (money…

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Vaccines Finally Arriving – The Legality of Employer Vaccine Mandates

By Jennifer Adams Murphy / December 18, 2020

On December 16, 2020, the EEOC issued the anticipated guidance for employers relating to the COVID-19 vaccine. There is nothing particularly surprising in the guidelines.  The EEOC confirms that the laws that it administers do not, as a general matter, prohibit an employer from requiring employees to receive the COVID-19 vaccine or from requiring proof…

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Illinois Restaurant and Bar Owners – Good News: The IDHR Has Released Its Supplemental Model Training PowerPoint for Restaurants and Bars

By Jennifer Adams Murphy / December 18, 2020

For Illinois restaurant and bar owners who have experienced an overwhelmingly difficult year due to COVID-19 shutdown orders and service restrictions, undertaking the new required employee sexual harassment training may seem unnecessary.  However, even if you are running on a lean staff and only providing take-out/delivery service, this training must still be completed by year…

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Be Careful About Those Old Construction Industry Union Contracts

By Richard H. Wessels / December 17, 2020

We see the same fact pattern time after time. A construction company signed a union contract (or perhaps several union contracts) years ago to finish a job under threat of union pickets. The company assumed that the dormant contracts were a dead issue years later because they had not been used for many years. Perhaps…

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