Protecting Employers Since 1985
The NLRB has re-written the rules for union organizing with many trip wires for employers. We have been alerting our clients about the extraordinarily pro-union NLRB decision in Cemex. This decision revamps completely the process for a union to be recognized. The old procedure called for the union to demand recognition and the employer could…
Read MoreHere’s the story of the NLRB’s pursuit of the two owners of a Muskego, WI spa. In 2021, the NLRB found that Haven Salon + Spa violated the NLRA when it discharged an employee for raising concerns about the adequacy of the company’s COVID-19 safety protocols during the height of the pandemic. In raising those…
Read MoreBackground: On August 4, 2023, House Bill 2862 was signed by Governor Pritzker. This legislation amends the Illinois Day and Temporary Labor Services Act to expand the pay and benefit rights of the temporary workers as well as increased safety oversight by both the agencies and the third-party business that use such workers. Effective: July…
Read MoreIn our September Client Alert, we wrote about the extraordinarily pro-union NLRB decision in Cemex. Here are links to NLRB press release and the decision itself. This decision revamps completely the process for a union to be recognized. The old procedure called for the union to demand recognition and the employer could tell the union…
Read MoreEmployment law issues run the complete range from discrimination and harassment to unsafe conditions – but one thing remains the same: If you as the employer are violating a law you could be opening your company and yourself to liability. Below are common employment laws to conduct an audit on. Common Employment Law Issues Common…
Read MoreOur readers may recall my June 30 E-Alert covering several significant Supreme Court decisions issued that day, including the ruling in Groff v. DeJoy. In Groff, the Court “clarified” (a better term might be “increased”) the burdens employers are required to endure before they may lawfully refuse a request for religious accommodations based on “undue…
Read MoreOn August 25, 2023, the NLRB gave a major victory to unions and allows unions to represent employees without a formal vote. The decision is Cemex Construction Materials Pacific, LLC. The new procedure requires employers to recognize a union when the union demands recognition based on a claimed majority showing support. The union does not…
Read MoreOn June 27, 2023, the new federal law, Pregnant Workers Fairness Act (PWFA) went into effect. Who is covered under the new law? Private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations. Note: employees and job applicants are covered by this law. What does the law…
Read MoreArtificial Intelligence (AI) is transforming human resources departments. While the benefits of AI include increased efficiency and cost benefits, the dangers are bias and discrimination. As a result, regulators are rapidly enacting laws to govern the use of AI in employment decisions, presenting a challenge for employers to keep up with legislation and remain compliant.…
Read MoreThere was a time in the not too distant past when working from home was generally not a reasonable accommodation under the ADA. Mobley v. Allstate Ins. Co., 531 F.3d 539, 547-48 (7th Cir. 2008). In fact, the Seventh Circuit was quite emphatic in its position on this issue: “[A]n employer is not required 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.