Protecting Employers Since 1985

RECENT APPELLATE COURT DECISION PROVIDES IMPORTANT LESSONS ON THE IMPORTANCE OF TRACKING INTERMITTENT FMLA LEAVE/HOW NOT TO IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN

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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DEI DONE RIGHT – EASIER SAID THAN DONE

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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Illinois Paid Leave for All Workers Act to Take Effect January 1, 2024

By Anthony J. Caruso Jr. / October 31, 2023

On March 13, 2023, the Paid Leave for All Workers Act was signed by Governor J.B. Pritzker to take effect on January 1, 2024. What employers are covered under the new law?  Private and public employers with at least one employee. Also includes State of Illinois, local governments, and political subdivision employers. What employers are…

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Attention Illinois Employers: New Law Affects Businesses Using Temporary Workers in Illinois

By Anthony J. Caruso Jr. / September 27, 2023

Background: On August 4, 2023, House Bill 2862 was signed by Governor Pritzker. This legislation amends 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 workers. Effective: July…

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