Protecting Employers Since 1985
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…
Read MoreBackground: 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…
Read MoreIn 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…
Read MoreThe 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…
Read MoreThe 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…
Read MoreAn 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…
Read MoreNot 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…
Read MoreWessels 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.…
Read MoreThe 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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