Protecting Employers Since 1985
When politics work their way into the field of labor law, as they often do in an election year, things tend to go a little sideways. 2022 is no exception, as demonstrated by these two recent developments. Constitutional Amendment: Tuesday’s ballot in Illinois includes a proposed amendment to the State’s Constitution to ban Right-To-Work laws.…
Read MoreSomeone said there are elections next Tuesday? Here are some helpful tips for employers to minimize election day disruptions Next Tuesday, November 8th is Election Day. Each state has voting laws that provide employees with time off work to vote. While generally the same, each state’s statute has its own nuances employers in those states…
Read MoreOnce again, the NLRB has reversed course and overruled prior case law. This time, the holding is that an employer cannot unilaterally stop union dues checkoff when a collective bargaining agreement ends. Reversals such as this can be expected because union-leaning members of the Board have a three-two majority. The issue is whether an employer,…
Read MoreWessels Sherman President/CEO, James Sherman, has once again been named a Minnesota “Super Lawyer” in 2022. Super Lawyers are selected through independent research and peer evaluations for having attained a high degree of recognition and achievement in their field of practice. Only 5 percent of lawyers receive this distinction. Said Mr. Sherman: “I am truly…
Read MoreSome lawsuits are so outlandish they make headlines … for all the wrong reasons. One such silly case was brought as a class action against Amazon by employees in California. The plaintiffs, all 40 and older, alleged Amazon violated the Age Discrimination in Employment Act (ADEA) by imposing productivity quotas on all employees. The complaint…
Read MoreLast week the United States Supreme Court issued its highly anticipated and controversial decision in Dobbs v. Jackson Women’s Health, overturning Roe v. Wade. Whereas Roe had held for nearly 50 years that the right to an abortion was guaranteed by the U. S. Constitution, Dobbs disagreed, giving the issue back to the states to…
Read MoreIt is becoming clear that union employees in the last year or so have high wage expectations. Contract settlements are becoming much more difficult to achieve. Here are some of the reasons for it. Covid is a big part of it. Employees will regularly say “we worked our butts off during Covid, risked our health,…
Read MoreOn June 1st the U.S. Court of Appeals for the Seventh Circuit, in Chicago, reversed a lower court’s dismissal of FMLA claims where the plaintiff employee’s request to use FMLA leave, had not been denied. The appellate court held that a verbal conversation that included an alleged threat to discipline the employee for taking more…
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Construction industry labor law is very different from regular labor law. The labor agreements are different, and there is often no negotiating by employers who are stuck with an area-wide, multi-employer contract. The organizing process is typically different. Usually there are not NLRB elections and unions will attempt to organize by putting pressure on the…
Read MoreToday, the Illinois Supreme Court issued its long-awaited decision on whether the “exclusive remedy” provision of the Illinois Workers’ Compensation Act bars BIPA claims against Illinois employers. Unfortunately for employers, the Court ruled that workers’ compensation exclusivity does not bar BIPA claims against employers, thus leaving the floodgates open for further costly, and usually class action,…
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