Protecting Employers Since 1985

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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No Shortage Of Controversy When It Comes To First Amendment Free Speech

By James B. Sherman / July 7, 2023

The Supreme Court’s recent decision in 303 Creative LLC v. Elenis has caused quite a stir. Boiled down to its simplest form, the Court essentially ruled that a Colorado web designer could not be forced to “speak” by creating a webpage about a subject the owner found objectionable. Had the designer refused to design a…

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News from the Iowa Legislature

By Joseph H. Laverty / July 6, 2023

New Iowa child labor laws A new law has just taken effect in Iowa relating to child labor laws. The new law allows kids ages 14 and 15 to be able to work until 11:00 PM during the summer. That’s two hours longer than previously allowed. They’ll be able to work until 9:00 PM during…

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U.S. Supreme Court Issues Several Monumental Decisions

By James B. Sherman / June 30, 2023

As the 2023 term of the SCOTUS comes to an end, the Court has today and yesterday issued several highly significant, precedential decisions that likely pose big changes in many aspects of Americans’ lives in the future. Among them: 1.      Biden v. Nebraska – Writing for the majority, Justice John Roberts Jr. struck down the Biden…

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