In what may be among the first of many legal disputes arising out of the Coronavirus crisis, an employee in Illinois has filed a lawsuit against the suburban hospital where he worked as a security guard. The plaintiff, Marvell Moody, is alleging that his supervisor berated him for wearing a face mask while working as…

UNDERSTANDING THE UNEMPLOYMENT INSURANCE SYSTEM IN AMERICA: Unemployment insurance benefits in the United States started in Wisconsin in 1932. Then came the Social Security Act of 1935 in which the U.S. Federal government encouraged individual states to adopt unemployment insurance plans. In today’s world, the unemployment insurance system across America is run differently in each…

In what may be the first of many to follow, Hooters restaurant chain was hit with a proposed class action lawsuit alleging WARN Act violations. The lawsuit was brought in federal court by two employees on behalf of all employees in Florida whom Hooters allegedly failed to provide with 60 days advance written notice of…

As I write this article in the COVID-19 era with the purpose of assisting Illinois companies who use independent contractors, things are moving rapidly in terms of new federal laws, regulations and state guidelines. Changes are occurring at the Illinois Department of Employment Security (IDES) with shocking speed! NEW REGULATIONS AND GUIDELINES CHANGING ALMOST WEEKLY:…

COVID-19 is about the only subject being discussed at Wessels Sherman these days. Of course, there are some exceptions, but COVID-19 is the 800-pound gorilla! While most legal commentaries on COVID-19 focus on minutiae of legislation and regulations, for this commentary we are going to focus on practical information and solutions. And, we will do…

As COVID-19 spreads throughout America, companies are deciding whether to give pay raises to employees, especially those clearly exposed to COVID-19 risks. This is a really hot topic, so much so that we decided to spend a bit of time looking at what is happening. Most of our information is a result of internet searches…

We are receiving phone calls with increasing regularity asking about a variety of issues generally described as refusals to work. Most frequently these scenarios involve talk, but sometimes outright threats to walk off the job. There are a whole host of fact patterns here which impact a legal analysis. Is there a union contract? Is…

Earlier this afternoon, the DOL issued temporary regulations, effective immediately, implementing and interpreting the paid sick leave and emergency family leave provisions of the FFCRA. Although the rules largely mimic the information provided in the FAQs, they now have the force and effect of law. Some additional clarifications: Paid sick leave and/or EFMLA is not…