Protecting Employers Since 1985

FLSA White-Collar Exemption Rule – Effective December 1, 2016

By Walter J. Liszka / October 26, 2016

As every Employer is aware, there has been a flurry of activity to forestall the implementation of the United States Department of Labor’s new Fair Labor Standards Act White-Collar Exemption Regulations that were scheduled to take effect on Thursday, December 1, 2016. There have been two (2) separate Lawsuits filed in the Texas Federal Courts…

Read More

Two More Bad Decisions from the National Labor Relations Board Suggest That Double Standards Are Used When It Comes to Employers and Unions

By James B. Sherman / October 26, 2016

1. Employer Contesting Recently Fired, Gun-Toting Former Employee’s Presence at Union Election Site, Must Prove it Actually Affected Outcome of Election. Those who are unfamiliar with how the NLRB conducts union elections, might be surprised to learn just how particular are its procedures. Employee notices of election information – date/time/location – must be posted in…

Read More

Legislative Update: Illinois Adopts Employee Sick Leave Act

By Anthony J. Caruso Jr. / October 17, 2016

Today, many employees face the dilemma of how to take time off from work to care for an ill family member and still be paid. Before this law, employees had to say they were sick (when they were not) in order to be off work to care for their family and still be paid. Or,…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

COVID-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.