Protecting Employers Since 1985

U.S. Supreme Court Issues Several Monumental Decisions

By James B. Sherman / June 30, 2023

As the 2023 term of the SCOTUS comes to an end, the Court has today and yesterday issued several highly significant, precedential decisions that likely pose big changes in many aspects of Americans’ lives in the future. Among them: 1.      Biden v. Nebraska – Writing for the majority, Justice John Roberts Jr. struck down the Biden…

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Attention Illinois Employers: Changes in the Law Will Soon Affect Businesses Using Temporary Employees in Illinois

By Anthony J. Caruso Jr. / June 20, 2023

Background: On June 16, 2023, House Bill 2862 was sent to Governor Pritzker for signature. This legislation will amend 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…

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NLRB Makes Independent Contractor Test More Difficult for Employers

By Richard H. Wessels / June 13, 2023

In a decision issued in mid-June, the pro-union NLRB made it tougher for employers to demonstrate that their workers are independent contractors. Independent contractors are not covered by the National Labor Relations Act and thus do not have organizing rights. The decision is The Atlanta Opera, Inc. and the Board went back to the traditional…

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Case Of Teacher Fired For Refusing To Address Transgender Student By Preferred Pronoun Awaits Supreme Court Ruling On Religious Discrimination Under Title VII

By James B. Sherman / June 1, 2023

The case is Kluge v. Brownsburg Community School Co.  The plaintiff is an evangelical Christian high school orchestra teacher in Indiana who lost his job for refusing to use a transgender student’s preferred pronoun. Kluge objected for religious reasons. According to court pleadings, initially, he worked out an agreement with the school to simply refer…

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D.O.L. Wage And Hour Division Publishes Enforcement Bulletin On Pump Act Protections For Nursing Mothers

By Joseph H. Laverty / May 27, 2023

The Wage and Hour Division of the U.S. Department of Labor just published a bulletin to provide its field staff with detailed guidance for enforcing amendments to the FLSA via the PUMP Act that was signed into law on December 29, 2022.  This law requires that employers provide nursing employees with reasonable break time and…

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Mistake Prone IRS Employee Failed To Pursuade Appellate Court Her Discharge Reflected Unlawful “Cultural Bias”  

By James B. Sherman / May 20, 2023

An IRS employee brought a national origin discrimination lawsuit after being fired for poor performance. The employee’s discharge was preceded by a disciplinary notice that documented over 100 mistakes she had made on the job.  Undaunted by the overwhelming documented evidence of her failed performance, the plaintiff blamed management for its “cultural bias” against her…

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Twitter Faces Class Action Lawsuit By Laid Off Contract Workers Alleging WARN Violations

By James B. Sherman / May 13, 2023

Not long after Elon Musk paid billions to acquire a majority interest in Twitter, the company laid off over half its workforce. Many of those laid off were contract workers supplied by TEKsystems Inc., a staffing firm. In the aftermath Twitter is facing a proposed class action lawsuit alleging it failed to provide these workers…

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Wessels Sherman Unlimited Phone Consultation Program

By Richard H. Wessels / May 6, 2023

Wessels Sherman was founded by me in 1985. Simultaneously with the founding of the firm, the Phone Program came in on day one. We have hundreds of phone clients; some have been in it for 38 years. The Phone Program started at $50 a month. There has been only one increase, to $75 per month.…

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“Harassment” In the Next Generation

By Alan E. Seneczko / April 30, 2023

Time passes in the blink of an eye, as do changes in our culture and work environment. Just yesterday, I was counseling employers about new laws prohibiting discrimination against individuals with disabilities and requiring family leave, and managing employees in the “electronic” workplace, in a world of social media. Now that’s old news, with established…

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Appellate Court Hands Northwestern University A Win In ADA & FMLA Suit

By James B. Sherman / April 26, 2023

The case was brought by a lab-tech employed by the university’s medical school, alleging several claims, including harassment, disability discrimination, and retaliation for taking FMLA leave for anxiety. The plaintiff also alleged she was called a “typical millennial,” “Princess Diana,” and teased about needing psychiatric help, or being “off her meds.” The FMLA claim named…

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