Protecting Employers Since 1985

Illinois Employers Have New Restrictions on the Use of Arrest Records in Employment Decisions

By Anthony J. Caruso Jr. / January 24, 2020

Effective January 1, 2020, the Illinois Human Rights Act has been amended regarding the use of arrest records by employers. Unless otherwise authorized by law, it is a civil rights violation under the Illinois Human Rights Act to use arrest records in employment decisions. Covered entities: Any employer, employment agency or labor organization as defined…

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The New Illinois Law Regarding Severance And Release Agreements: Five Commonly Asked Questions

By Nancy E. Joerg / January 3, 2020

Illinois employers have been truly shell-shocked with many new (and sometimes vague or confusing!) employment laws that became effective January 1, 2020. One big and somewhat surprising change in Illinois law is the new requirement that Illinois employers give certain special treatment to Separation and Release Agreements. The following are five commonly asked questions from…

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New Illinois Laws in the New Year

By Wessels Sherman / December 30, 2019

Because 2020 is a year filled with new employment laws for Illinois with effective various dates, we thought our clients would appreciate having a simple list to serve as a reminder of some key changes: New Illinois Law and Effective date Recreational marijuana legalized – January 1, 2020 New legal requirements for separation and release…

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Can an Illinois Employer have a ZERO TOLERANCE Policy for Marijuana (Cannabis)?

By Anthony J. Caruso Jr. / December 25, 2019

On December 4, 2019, Governor J.B. Pritzker signed legislation amending the Cannabis Regulation and Tax Act (Cannabis Act) commonly known as the Recreational Marijuana Law. The amendments seem to allow employers to test applicants or do random testing of employees for a positive result of marijuana and take action against such individuals on a “zero…

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Merry Christmas, and Happy New Year Employers

By Walter J. Liszka / December 17, 2019

On December 13, 2019, the National Labor Relations Board finalized a new rule reversing some of the most problematic provisions of the “Ambush Election Regulations” that went into effect under former President Obama in 2015. While the new regulations did not rescind all of the Obama amendments, the modifications will be of great value to…

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Yes, You Can Win Before an IDES Hearing Officer on the Issue of Independent Contractor Status!!

By Nancy E. Joerg / December 13, 2019

Many clients are convinced that it is “hopeless” to protest the often disappointing results of an Illinois Department of Employment Security (IDES) audit and then win at a Hearing before an IDES Hearing Officer. It is true that IDES Hearing Officers (called Administrative Law Judges) are employees of the IDES. Therefore, clients often believe that…

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“OK, Boomer!”

By Walter J. Liszka / December 9, 2019

Employers always seem to find themselves as the unwitting recipient/victim of the actions of others-sometimes other companies, sometimes the Government, but in almost all cases, some of their employees. Whether it is the Federal or State Government, the Me Too Movement or in this case, Generation Z and Millennials, Employers are always going to be…

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You Can’t Have It Both Ways – Company Prevails In Case Involving Conflicting Representations In ADA, FMLA and Worker’s Compensation Claims

By Alan E. Seneczko / December 5, 2019

By now it is almost cliché to talk about the “Bermuda Triangle” of employment law – difficult issues involving the ADA, FMLA and Worker’s Compensation and the consternation they cause employers. Recently, however, Wessels Sherman attorney Alan Seneczko, who manages the firm’s Wisconsin office, won a big victory for a client seemingly caught in that…

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Internal Harassment Complaints

By Walter J. Liszka / December 4, 2019

With the advent of the Me Too Movement and the extensive number of harassment complaints that have been played out in the public forum by the news media, an Employer, on a daily basis, can be confronted with an internal harassment complaint that requires prompt and accurate action by the Employer. Since the Complaint allegedly…

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IRS Form SS-8 Continues To Upset And Confuse Employers Across The U.S.!

By Nancy E. Joerg / December 2, 2019

The IRS SS-8 Program allows either a Company or a Worker to request that the IRS evaluate and determine whether the Worker is an employee or an independent contractor for Federal/IRS Purposes. The resulting Determination by the IRS SS-8 Unit is just the SS-8 Unit’s “opinion” (not an actual audit!). Either party can start the…

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