Protecting Employers Since 1985

Credit Checks On Employees

By Walter J. Liszka / October 14, 2016

There is a very recent Case – Ohle v. The Neiman Marcus Group, 12 L 11206, which is a 2016 Illinois Appellate Court Decision that finds The Neiman Marcus Group violated Illinois State Law by running a credit check on potential Sales Associates and denying Ms. Ohle employment because of credit issues. Specifically, the alleged…

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Yes, Illinois is Still an Employment-At-Will State!

By Nancy E. Joerg / October 12, 2016

Yes, Illinois really is an employment-at-will state. To that point, Illinois courts follow the employment-at-will legal doctrine in deciding “discharge cases.” “Employment at will” means there is mutual freedom by both the employer and the employee to end the employment relationship. This means that the employer can end the employment relationship at any time, for…

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EEOC Issues New Enforcement Guidance on Workplace Retaliation

By James B. Sherman / October 3, 2016

For the first time since 1998, the EEOC has published updated guidance on workplace retaliation. Retaliation charges are by far the most common and fastest growing type of claim filed with the EEOC, comprising nearly 45 percent of all charges it now receives. Given the surge in retaliation claims and the additional attention these claims…

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Minneapolis Office of Wessels Sherman is Piling Up Victories for Our Clients in 2016

By James B. Sherman / September 30, 2016

Believe it or not, we here at Wessels Sherman are reluctant to toot our own horn the way others in our profession are known to do. However, a recent spate of victories by our Minneapolis office on behalf of some very happy clients – in arbitration, in court, and before federal and state agencies in…

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Class Action Waiver Clauses in Arbitration Agreements Face Further Scrutiny

By James B. Sherman / September 30, 2016

Arbitration agreements are a common tool many employers use as an alternative to going to court to resolve disputes with their employees. Arbitration has the potential to be a faster, cheaper, and more private way to resolve disputes, with more finality. One of the biggest advantages many employers see in arbitration is the ability to…

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DOL Remains in the Spotlight, Settling Wage and Hour Claims Brought by Its Own Employees and Fighting Opposition to its Controversial New Overtime Rule

By James B. Sherman / September 30, 2016

September 2016 The Department of Labor recently paid $7 million to settle claims that it failed to pay DOL employees overtime for time they were “suffered or permitted to work,” dating back to 2006. The DOL is the government agency that enforces the FLSA’s requirements that employers pay minimum wage and overtime based on “hours…

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Provisions of Non-Compete Law Apply to No-Solicitation of Employees Restraints

By Alan E. Seneczko / September 27, 2016

It is common, if not standard, for most non-compete agreements to contain a clause that prohibits the covered employee from soliciting current employees to terminate their employment in order to accept employment with a competitor. In essence, it prohibits the departing employee from raiding his/her former employer’s valued employees. Until recently, the courts have never…

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More Aggressive Action By USDOL Against Classifying Workers As Independent Contractors

By Nancy E. Joerg / September 23, 2016

NEW U.S. DOL WEBPAGE ABOUT MISCLASSIFICATION MYTHS: Government agencies such as the U.S. Department of Labor (“U.S. DOL”) continue to try to reign in companies that use independent contractors (and make it more high-risk for these companies to do so). In this spirit, the U.S. DOL recently established a controversial new page on its website…

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EEOC Sues Employer, Providing Reminder that Employers May Need to Provide Accommodations for Pregnant Employees

By James B. Sherman / September 22, 2016

Although pregnancy itself is not a disability under the Americans with Disabilities Act, pregnancy-related conditions that substantially limit an employee’s major life activities, even temporarily, may entitle the employee to accommodations for her condition. If a pregnant employee states that she cannot work, or cannot perform certain job functions, employers should engage in an interactive…

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Job Opening – Associate Attorney – Minneapolis Office

By James B. Sherman / September 9, 2016

Regional Management-side Labor and Employment Law Firm seeks an Associate Attorney with a minimum of 2 years of increasingly responsible experience, for its Minneapolis office. Candidates should have excellent interpersonal, research and writing skills, a strong academic background and ability to work as part of a team. Experience in labor law and/or complex employment litigation…

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