Protecting Employers Since 1985

Legislative Update: Illinois Employers Using an Employee Leasing Company Can Now Get Workers’ Compensation Insurance For The Leased Employees

By Anthony J. Caruso Jr. / January 23, 2017

Today, 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…

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New OSHA Reporting Regulations Become Effective

By Alan E. Seneczko / January 12, 2017

In 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…

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Wal-Mart Loss: Employee Drivers Must Be Paid For All Time Working

By Nancy E. Joerg / January 11, 2017

In 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…

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Public Sector Labor Relations is Different

By Richard H. Wessels / January 11, 2017

(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…

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Racial Slurs Are Acceptable?

By Walter J. Liszka / January 9, 2017

In 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…

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Latest Update on Court Proceedings over DOL’s Overtime Salary Regulations

By James B. Sherman / December 29, 2016

Thousands of employers affected by the US Department of Labor’s Minimum Salary Rule for Overtime Pay Exemptions have anxiously awaited the outcome of litigation that blocks the rule from going into effect as intended, on December 1, 2016. A Federal District court in Sherman, Texas ruled just before Thanksgiving that the DOL exceed its authority…

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Illinois Employers Should Be Hyper Alert to an Employee’s First 30 Working Days

By Nancy E. Joerg / December 28, 2016

Recently a client asked if she could fire an “at-will” employee who was working less than “90 days.” Within this question, I could see many employment law concerns colliding with each other and causing confusion. In this article, I will clarify these confusing issues with the hope that it will help many readers. 90 DAY…

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Village of Barrington “Opts Out” of Cook County Sick Leave

By Walter J. Liszka / December 27, 2016

As I am sure most, if not all, readers of this Illinois Client Update are aware, over the last few years both the City of Chicago and Cook County have been very active in creating legislation increasing the obligations of Employers with regard to Hourly Wage Rates and Sick Leave. Both the City of Chicago…

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Buckle Up Employers – the DOL Has Appealed the Texas Court’s Injunction That Blocked Its Controversial Overtime Regulations from Going into Effect as Planned, Making the Road Ahead Full of Uncertainty for Payroll Specialists and Employers

By James B. Sherman / December 2, 2016

When a federal court in Sherman, Texas issued a nation-wide injunction on November 22nd that blocked the Department of Labor’s new overtime regulation, thousands of employers across the country breathed a sigh of relief. The DOL’s new rule was to have gone into effect on December 1st and would have more than doubled the minimum…

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Independent Contractor Protection Laws

By Nancy E. Joerg / November 29, 2016

NEW LAWS SPRINGING UP: With the change in our national economy and workforce tilting more and more towards “self-employment” and independent contractor status, new laws are springing up, both state and federal, to respond. Some of these new laws intend to punish companies who “misclassify” employees by (incorrectly) calling them independent contractors. NEW YORK LAW…

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