Protecting Employers Since 1985
As a number of Clients of the Firm would state, over the last ten (10) years, the author has been advising them to get out of/not participate in the Unions’ Multi-Employer Pension Funds. It has long been the opinion of the author that this is a quasi-Ponzi Scheme and was destined for failure from the…
Read MoreIt reached a similar conclusion with respect to her FMLA claim: While the liability of employers in the State of Illinois has been expanded substantially by recent amendments to the Illinois Human Rights Act and the recent decision of the US District Court of Appeals for the Seventh Circuit in the Hively v. Ivy Tech…
Read MoreThis article is being written as a cautionary tale for readers who are interested in how to have a good outcome in an Illinois Department of Employment Security (IDES) audit, especially where independent contractors (1099 workers) are at issue. I have been helping Illinois companies to defend against IDES audits for almost 30 years, and…
Read MoreFear, emotionally charged perspectives on the Trump administration’s immigration policy and deeply embedded religious views are all topics ripe for disagreements possibly escalating into use of slurs, threats and insults. The workplace, where many of us spend the majority of our weekdays, is one place where these agreements may percolate to a dangerous boiling point.…
Read MoreIn the March, 2017 Client Alert, the Author submitted an Article on giving guidance to Employers in the creation of good documentation to substantiate and defend Employment Decisions when those Decisions are called into question. While the presence (or lack thereof) of good documentation can be the success or failure in any Employment Litigation, there…
Read MoreOn March 3, 2017, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) issued a forceful decision strongly in favor of FedEx and its claims of independent contractor status for some of its drivers. The D.C. Circuit squarely disagreed with the National Labor Relations Board (NLRB), which had held that single-route Ground Division…
Read MoreFor the last several years, my advice to union-free clients has been consistent. Even in the face of quickie NLRB elections, employers have the upper hand. Unions in the private sector today are a pale shadow of what they once were. Labor unions can be kept out of your organization with only modest preventative measures.…
Read MoreIn Minnesota, as in most every state, terminated employees are not eligible for unemployment benefits if they are dismissed for misconduct. In 2003, the legislature amended the statute to define “employment misconduct” as “any intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly: (1) a serious violation of the…
Read MoreIn 2013, the Wisconsin legislature tightened the eligibility requirements for unemployment benefits as they related to discharges for attendance. Under the previous law, an employee had to have “5 or more” absences without notice in a twelve-month period in order for his/her absenteeism to rise to the level of statutorily-defined misconduct. The legislature reduced that…
Read MoreOver the many years during which I have helped Illinois companies with their use of independent contractors, the most urgent call I get is from Illinois companies who have just found out they are going to be audited by the Illinois Department of Employment Security (IDES). Receiving a letter in the mail from the IDES…
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