Protecting Employers Since 1985

Texas District Court Overrules NLRB Regulation on “Joint Employers”

By John D. Simmons / March 26, 2024

When an employee performs services for more than one entity, there’s often a question about which of those entities constitutes an “employer”. Since 2020, the analysis of this question has been guided by the question of whether both entities “share and codetermine the employees’ essential terms and conditions of employment.”  For a recipient of an…

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Attention Illinois Companies: Illinois Law Requires Pre-Tax Commuting Benefit Program for Workers in Cook County and Other Counties and Townships

By Anthony J. Caruso Jr. / March 22, 2024

Effective: January 1, 2024, the Illinois Transportation Benefits Program Act went into effect. NOTE: Employer only establishes the program. Employer does NOT pay the cost of the transit benefit. Covered Employee: Any person who performs an average of at least 35 hours of work per week for compensation on a full-time basis.  Employees have the…

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By James B. Sherman / February 29, 2024

This week the U.S. Court of Appeals for the Seventh Circuit, in Chicago, overturned a healthcare employer’s summary judgement win in an FMLA interference and retaliation case.  The case involved a managerial employee who in her employer’s view was terminated for performance – not meeting expectations – after being placed on a performance improvement plan,…

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Some Thoughts about Workplace Violence

By Richard H. Wessels / February 20, 2024

A few weeks ago I had a client call with questions about threatened workplace violence. A discharged employee was returning to the company parking lot regularly and looked pretty menacing. I gave him my advice and emailed my commentary on the subject from our newsletter. I think it gave some good advice. Click here to…

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By James B. Sherman / January 30, 2024

Promoting diversity, equity, and inclusion, or DEI in the workplace seems a worthy goal for any employer. After all it is the ethical thing to do, right? And if DEI is ethical, you might think it would be simple enough for any ethical business to implement. Just do the right thing by people, right?  But…

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Three New Year’s Resolutions For Employers In 2024

By James B. Sherman / January 2, 2024

The beginning of a new year is a time of reflection and resolve for positive change. Resolutions for self-improvement on health, relationships, and other personal goals abound. Some will fail to materialize. Many will be short-lived. However, in the business world changes are often imposed by law and cannot so easily be ignored. Here are…

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NLRB Joint-Employer Standard-2023 Final Rule

By Joseph H. Laverty / December 5, 2023

On October 27, 2023, the National Labor Relations Board, (NLRB), published a final rule addressing the standard for determining joint-employer status. The final rule establishes that, under the National Labor Relations Act (NLRA), two or more entities may be considered joint employers of a group of employees if each entity has an employment relationship with…

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It’s Complicated/It’s Expensive: New City of Chicago Paid Leave and Sick Leave Ordinance

By Anthony J. Caruso Jr. / December 1, 2023

On November 9, 2023, the City of Chicago enacted the new Paid Leave and Sick Leave Ordinance to take effect on December 31, 2023. What Employers are covered under the new law? Any employer with at least one employee, except employers under a collective  bargaining agreement on or before January 1, 2024. However, this exception…

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Minnesota Employers Must Post Notices Of New Sick And Safe Time Law, By January 1, 2024

By James B. Sherman / December 1, 2023

Minnesota’s new “Sick and Safe Time” law goes into effect as of January 1, 2024.  In general, the law requires employers to accrue a minimum of 1 hour of paid leave for every 30 hours worked by eligible employees (those who work at least 80 hours in a year), up to a maximum of 48…

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Documenting Employee Performance Issues

By Richard H. Wessels / November 30, 2023

While doing a google search on a different subject, I came across a well-done, short and simple six-point listing on how to document employee issues. This six-point listing is as follows: I was struck by how our Wessels Sherman employee counseling form leads you to follow these recommendations. We have provided it to clients for…

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