Protecting Employers Since 1985
With an increasing pace, the news is filled with lawsuits against companies who use independent contractors. This marked litigation trend spans the entire United States and shows no sign of letting up. Companies who use independent contractors need to carefully review their practices with their independent contractors and try to reduce their risk in using…
Read MoreThe Equal Employment Opportunity Commission (EEOC) has recently released statistical data on its Enforcement/Litigation for Fiscal Year 2016 (October 1, 2015 – September 30, 2016). A total number of 91,503 Charges of Workplace Discrimination were filed in FY 2016, which is approximately a 3% increase in Charges from FY 2015. Furthermore, over the twelve (12)…
Read More1. Employee Classification As employers are aware, the dreaded U.S. Department of Labor Rule changes which would have required overtime payments to many employees now classified as exempt, are frozen in legal limbo following an injunction preventing the implementations of those rules. Although an expedited appeal of the lower court’s injunction is moving forward, the…
Read MoreIt is likely pure coincidence that the EEOC issued its position on national origin discrimination within days of the November elections. The guidelines went into effect on November 21, 2016, modifying the EEOC’s previous position on national origin discrimination, issued 15 years ago. The current guidelines are consistent with the EEOC’s Strategic Enforcement Plan (SEP)…
Read MoreOne of the most frequent questions that I get from our clients is “How can I fire an employee but not end up with a lawsuit against our company?“ As employers know, lawsuits against the company often cost the company significant amounts of time, energy, morale, and money. Also, they are a huge distraction. They…
Read MoreToday, a number of small Illinois businesses use employee leasing companies to handle payroll, human resource matters, and workers’ compensation insurance on their workers for the convenience and cost savings. Previously, under the Illinois Leasing Company Act, the lessor (leasing Company) would be the party responsible for the workers’ compensation insurance coverage of the workers/employees…
Read MoreIn a previous issue, we discussed a new OSHA reporting regulation that was initially scheduled to take effect on August 10, 2016, but was pushed back to November 1, 2016, and then delayed again until December 1, 2016 as a result of pending litigation by a number of trade associations, which sought to enjoin the…
Read MoreIn the United States under both state and federal laws, trucking companies generally cannot pay their employee drivers for only “bill of lading hours.” Companies/employers must pay their employee drivers from the time the drivers report for duty until they are released from duty for the day-not just for “bill of lading hours.” JURY VERDICT…
Read More(Third part of the series on the State of Labor Unions in America) Any analysis of private vs public sector labor relations must start with the legal underpinnings. The private sector has a long history of regulation under the National Labor Relations Act. The NLRA dates to 1935. To a degree, the NLRB is political…
Read MoreIn what, to the author, seems like the most illogical position for a Government Agency to take, the National Labor Relations Board is pushing the 8th Circuit to rule that racial statements made by an Employee on a picket line are protected under Federal Labor Law. The Labor Board is urging the 8th Circuit to…
Read MoreCOVID-19 Resources
Stay up-to-date about developments in the Midwest.
Schedule your confidential consultation
Contact Wessels Sherman if you would like to speak with one of our experienced labor and workplace attorneys, contact any of our four office locations and schedule a consultation.