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Affordable Care Act (ACA)

2015ACA FAQ of the Month: Can I Pay My Employee's Premium for Individual Health Insurance Coverage?
2015ACA FAQ of the Month: What is King v. Burwell about, and how will it affect my business?
2014ACA Update - "Play or Pay" Penalties Delayed for Some Employers
2013ACA Update - "Play or Pay" Penalties Delayed to 2015
2013Affordable Care Act Compliance Update - April 2013
2013Affordable Care Act News for Minnesota Employers: Minnesota Legislature Creates State Insurance Exchange and DOL Issues Proposed Rule on New Maximum 90-Day Waiting Period for Coverage (MN)
2012Are You Prepared to Distribute Summaries of Benefits and Coverage?
2013Companies Will Increasingly Use Independent Contractors To Avoid Coverage Under the Affordable Care Act/ObamaCare
2013Court Sanctions Employer for Failing to Override Its Computerized Document Retention Program to Preserve Data Relevant to ADA Retaliation Case
2013Important Information Regarding Affordable Care Act Notice Requirements
2015Minnesota Federal Court is the First to Address Discrimination Claims Brought Under the Affordable Care Act (MN)
2012Minnesota Legislature to Enact Obamacare Measures in March (MN)
2012PPACA Challenges Continue in Courts Across the Country
Obamacare FAQ of the Month
2014What are "Full-Time Equivalent" Employees? (January 2014)
2014What Effect Will ObamaCare Have on COBRA? (February 2014)
2014What is "Affordable" Employer-Sponsored Coverage? (March 2014)
2014What Happens if an Employee Declines Coverage? (April 2014)
2014How will the updated COBRA notices affect employer-sponsored health insurance? (May 2014)
2014What are PCORI Fees, and How Do We Pay Them? (June 2014)
2014What Does the Hobby Lobby Decision Mean for My Company? (July 2014)
2014Another Ruling Against the ACA - What Does it Mean for My Company? (August 2014)
2014Update - What is "Affordable" Employer-Sponsored Coverage? (September 2014)
2014What Are Transitional Reinsurance Fees, and How Do We Pay Them? (October 2014)
2014Health Plan Identifiers, Transitional Reinsurance Fees, Premium Reimbursement Arrangements, and ACA Subsidies (November 2014)
2014What is and "Hour of Service"? (December 2014)
2015How Will The ACA's Reporting Requirements Affect My Business? (February 2015)

Americans with Disabilities Act (ADA)
2014Another Class Action Lawsuit Brought By the EEOC Alleging an Administrative Termination Policy Violates the ADA
2014Attendance Still Matters - Even When Working at Home! (WI)
2012Avoid the Disability Discrimination "Regarded As" Pitfall
2013Court Upholds Jury Award of $100,000.00 for "Mental Anguish" in ADA and Sex Discrimination Trial Where Boss Told Employee to "Sit Down Little Girl" and Demoted Her Over "Health Issues" (MN)
2014Courts Bend the "Golden Rule"
2014Doctor Found to be "Employer" Rather than "Employee" under the Americans with Disabilities Act
2012Duty to Accommodate Trumps Qualification (WI)
2015EEOC Releases Proposed Rule Governing Workplace Wellness Programs
2014EEOC Targets Minnesota Employer's Wellness Program (MN)
2015Federal Court Does Not Find a Hostile Work Environment Created by JibJab Video
2014Indiana Dairy Queen is Sued by Legally Blind Employee - and Company Wins in ADA Case!!
2013Nurse with Breast Cancer who Was Terminated for Medication Dispensation Discrepancies Cannot Show ADA Bias or FMLA Interference (MN)
2014Scent Issues at Work
2013Seventh Circuit Addresses "Ability to Work" Under ADA (WI)
2013The Iowa Civil Rights Act Undermined by the Americans with Disabilities Act (IA)
2012The Fact that It's "Medical" Does Not Alway Mean It's Confidential
Discipline
2012Are Employees Who Exercise Legal Rights Immune From Discipline?  Of Course Not, But Developing Case Law Shows That Disciplining A "Protected" Employee May Require More Convincing Evidence To Support Management's Decision
2012Contrary to Popular Belief, Employees With Disabilities or Medical Conditions Are NOT Immune From Discipline
2012Employee Engages in Same Conduct As His Supervisor but Disciplined More Harshly: Race Discrimination Case
2013Employment At-Will Argument Prevails Against Contract Claim Asserted by Former Employee
2014Minnesota Court Finds Employer Unlawfully Retaliated Against its Employee by Disciplining him for Late Report of Workplace Injury (MN)
2012Minnesota Court of Appeals Denies Unemployment Compensation Benefits to Employees Discharged for Refusing to Sign an Acknowledgment of Disciplinary Action (MN)

Discrimination
2013A Federal Court in Minnesota Held that an Employee Who Was Allegedly Told He Was Being Terminated for "Spreading Rumors" About Discrimination, Has "Direct Evidence" of Retaliation to Take to Trial (MN)
2012Are You Aware of the "Protected" Status of Your Employees?
2012Avoid the Disability Discrimination "Regarded As" Pitfall
2012Businesses Could Be Retaliating Against Their Workers And Not Even Know It - Do You Know If You Are?
2013Claim of Pregnancy Discrimination Supported by Supervisor's Insensitive Comments As Well As Shifting Reason for Terminating the Plaintiff Only One Month After She Disclosed She Was Pregnant
2012Court Rules MPLA Does Not Provide an Exception Pursuant to a Reduction in Force - Employer Violates Employee's Right to Reinstatement (MN)
2013Court Upholds Jury Award of $100,000.00 for "Mental Anguish" in ADA and Sex Discrimination Trial Where Boss Told Employee to "Sit Down Little Girl" and Demoted Her Over "Health Issues" (MN)
2012Defending Against Equal Pay Act Claims - Recent Appellate Court Decision Emphasizes Not All Gender Discrimination Claims Are Created Equal
2012The EEOC - At It Again
2012Employee Engages in Same Conduct As His Supervisor but Disciplined More Harshly: Race Discrimination Case
2014Here Comes the EEOC!
2014Illinois Pregnancy Protections Expanded
2012Immigration Status Is Not Considered National Origin in Discrimination Case
2014Minneapolis Area EEOC Office Addresses the Agency's National Priorities (MN)
2015Newly Released EEOC Statistics Show Retaliation and Disability Discrimination Claims Are Increasing
2012OFCCP Targets Minnesota Companies (MN)
2014Preferential Treatment of Minority Workers is Still Unlawful Workplace Discrimination
2014Responding to a Charge of Discrimination
2012Seventh Circuit Court of Appeals Announces No "Token" Exception in Discrimination Cases
2012Seventh Circuit Decides "Cat's Paw" Legal Theory Can Create Liability for Non-Decision Makers of Company Under Discrimination Law!
2014Seventh Circuit Holds Failure by EEOC to Conciliate Is Not a Good Legal Defense for Employers
2013Supreme Court Majority Declares Retaliation Claims Are Becoming Too Numerous - Acts to Curb Their Growth by Making Retaliation Harder to Prove in Court
2013Supreme Court Reiterates High Affirmative Action Standards
2012The Supreme Court Recognizes the Ministerial Exception to Employment Discrimination Claims
2013Termination of "Irresistible" Employee Not Sex Discrimination
2012What Employers Need to Know about Avoiding Religious Discrimination in the Workplace
Genetic Information Nondiscrimination Act (GINA)
2013Genetic Nondiscrimination: Is it in Your Company's DNA? (IL)
Minnesota Human Rights Act (MHRA)

2012Employment Agreement Does Not Give Out-of-State Employee Right to Bring Claims under the Minnesota Human Rights Act (MN)
2014Minnesota Human Rights Act Amended to Allow for Jury Trials (MN)
2012Minnesota Supreme Court Redefines Sexual Harassment Under the Minnesota Human Rights Act (MN)


Employee Benefits
2012Are You Prepared for the 2012 HIPAA Audits?
2012Cutting Costs through Wellness Programs
2013Eighth Circuit Holds that Disability Payments Are "Earnings" for Purposes of Garnishments (MN)
2013Many Employers' Domestic Partner Benefits Policies May Become Unlawful Due to Minnesota's New Same-Sex Marriage Act (MN)
2012Minnesota Supreme Court Rules Duluth Must Provide Retirees Lifetime Health Insurance Benefits At the Same Level As Current Employees (MN)
2013Offering Same-Sex Domestic Partners Employee Benefits While Denying the Same to Opposite-Sex Domestic Partners May Be a Violation of the Minnesota Human Rights Act (MN)
2012Revised Pension Plan Service and Fee Disclosure Requirements
2013Supreme Court Rules Defense of Marriage Act Unconstitutional: Creates Confusion on Applying Federal Benefits to Legally Married Same-Sex Couples

Employee Handbooks
2014Big News for Illinois Employers: Illinois Lifts Restrictions on Eavesdropping! (IL)
2013Can Illinois Employers Ban the Use of Electronic Cigarettes in the Workplace? (IL)
2013Concealed Carry and Medical Marijuana - How Do These New Illinois Laws Affect Your Business' Policies? (IL)
2015If Not Carefully Drafted, Workplace Policies Can Unintentionally Provide Employees with Legal Rights they Otherwise Would Not Have
2014Mama Always Said I Should Not Gossip - But the NLRB Disagrees (WI)
2012Revising or Designing Your Company Policy?
2013Summer Time is Vacation Time! Illinois Employers Should Check Their Vacation Policies to Determine if They Comply with IDOL Regulations (IL)
2014The NLRB is Dissecting Employee Handbook as Part of its Expansion Efforts into the Non-Union Workforce
2014Update on E-Cigarettes (Vaping) in the Workplace (IL)

Family and Medical Leave Act (FMLA)/Military Leave
20147th Circuit Court of Appeals Holds Trip to Las Vegas Covered by FMLA
2013"There is No Such Thing as FMLA Light Duty" (WI)
2013After 20 Years Is the FMLA Really Working?
2012Court Rules That Plaintiff Must Arbitrate FMLA Claims Under His Employer's Collective Bargaining Agreement With Teamsters Union
2013Curbing FMLA Abuse (WI)
2012DOL's FMLA Tie Breaker Does Not Apply to Arbitration
2013DOL Issues Timely Guidance on FMLA Coverage for Legally Married Same-Sex Couples (MN)
2015DOL Redefines "Spouse" for Purposes of FMLA
2012Eighth Circuit Upholds Employer's Decision to Terminate Employee upon Return from Military Leave
2013Employer that Changed Employee's Job Duties upon Return from FMLA Leave Faces Trial for FMLA Interference
2012Family Medical Leave Expansion
2015Not All Court Decisions Favor Employee Eligibility for FMLA - Recent 8th Circuit Decision Narrowly Construes DOL Regulations' Definition of Serious Health Condition Involving Outpatient Treatment Followed By Perscription (MN)
2013Nurse with Breast Cancer who Was Terminated for Medication Dispensation Discrepancies Cannot Show ADA Bias or FMLA Interference (MN)
2012Terminating Employee 48 Hours After Asserting FMLA Rights is Likely Enough to Infer Unlawful Retaliation
2013U.S. Department of Labor Marks the 20-Year Anniversary of the FMLA with A Report Entitled: "FMLA is Working" - Really?
2014United States Department of Labor Redefines "Spouse" Under FMLA
2014Wessels Sherman Attorneys Secure Dismissal of FMLA Lawsuit in Minnesota (MN)
2015Wisconsin FMLA Protects All Employees - Even Undocumented Workers (WI)
Minnesota Parental Leave Act (MPLA)
2012Court Rules MPLA Does Not Provide an Exception Pursuant to a Reduction in Force - Employer Violates Employee's Right to Reinstatement (MN)
2013Minnesota Employers Must Prepare For August 1st When "Parental Leave" Expands to Permit Employee Absences to Care for More Family Members (MN)
2012Minnesota Supreme Court Issues Important New Decision on Parental Leave Law (MN)

Harassment
2014An Employer Can Be Liable for "Third Party" Sexual Harassment (Committed by Clients, Customers, and Others Who Are Not Company Employees)
2013EEOC Slammed With the Largest Fee Award Ever Levied Against the Agency
2014Employer Lessons from Donald Sterling
2012Illinois Appellate Court Allows Plaintiff to Proceed in Claim of Negligent Supervision against Southwest Airlines Regarding Flight Attendant's Alleged Harassment through Use of Company Computers and Cell Phones (IL)
2012Illinois Gender Violence Act - Another Reason to be Vigilant in the Enforcement of Anti-Sexual Harassment Policies (IL)
2014Illinois Human Rights Act to Cover Sexual Harassment of Unpaid Interns (IL)
2013Minnesota Courts Decide Cases Regarding Workplace Violence (MN)
2012Minnesota Supreme Court Redefines Sexual Harassment Under the Minnesota Human Rights Act (MN)
2013Same-Sex Harassment Violates the Law
2013The United States Supreme Court Draws Bright Line Rule On Who Is A "Supervisor" In Your Organization!

Hiring/Firing
2014Another Painful Lesson for Employers Responding to Background Checks Concerning Former Employees (MN)
2014Best Candidate for the Job (IL)
2014Beware of Inflated Performance Reviews!
2013Court Upholds Employer's Termination of Whistleblower Who Refused to Stop Blowing the Whistle
2013Criminal Background Checks Quickly Becoming a Hot-Button Issue on both the State and National Front (MN)
2015Do Your On-line Job Applications, Background Check Policies and Procedures Make You a Target for Class Action Litigation?
2014Employee Fired for Urinating in a Box is Reinstated and Sues Employer (MN)
2013Employer that Terminated Employee for Taking Leave to Attend Father's Funeral Faces Trial for Failure to Accommodate Employee's Religion
2012The Employer's Legal Maze
2012Employers Beware - The Truth Behind Why More Fired Employees Are Asking for the "Truthful Reason" for Their Termination!
2013Employers with Minnesota Employees Have Just One Month - Until January 1, 2014 - to Review/Revise Their Job Application Forms and Procedures to Comply with Minnesota's new "Ban the Box" Law
2012Employment At Will - Once and For All
2012Help for Illinois Employers Preparing to Terminate an Employee (IL)
2012High-Risk Terminations
2013How Employers Should Handle GROUP Release Agreements for Employees 40 Years of Age or Older
2013Illinois on the Fast Track: Grants Military Service Members and Their Spouses Expedited Professional Licenses (IL)
2012Minnesota Company Excused From Giving Employees 60-Day Notice of Mass Layoff Under WARN Act (MN)
2013More Felony Convictions Can Be Sealed from Criminal Background Checks and Disclosures on Employment Applications (IL)
2013New "Ban the Box" Criminal Background Legislation Makes Most Job Application Forms Currently In Use Illegal as of January 1, 2014 (MN)
2013New Minnesota Law Makes Job Applications and Other Early Criminal Background Checks or Inquiries, Unlawful - Effective January 1, 2014 (MN)
2013Nurse with Breast Cancer who Was Terminated for Medication Dispensation Discrepancies Cannot Show ADA Bias or FMLA Interference (MN)
2014Recent Minnesota Court Decision Suggests Adding Another Termination Checklist Item - Remove Discharged Employees From Your Company Website, Social Media Sites, Etc.! (MN)
2012Resume Fraud And Other Acts of Dishonesty Can Be Grounds For Termination As well As Contesting Eligibility For Unemployment Compensation Benefits
2013Summer Time is Teens Working! Illinois Employers Should Check Child Labor Laws When Hiring Minors Under the Age of 16 (IL)
2014Supreme Court Holds that Sarbanes-Oxley Act Anti-Retaliation Provisions Extend to Employees of Contractors and Subcontractors of Publicly-Traded Companies
2013TAX TIME: How Employers Can Save on Taxes by Hiring the RIGHT Applicant
2014Two Common Misconceptions Concerning Terminating an Employee
2014Update: New Law on Illinois Criminal Background Checks Effective January 1, 2015 (IL)
2013When it comes to Employment References: Employers Should Think Twice Before Playing "Minnesota Nice" (MN)
2013Where the Sun Don't Shine...
2013"You Can't Fire Me; I Quit!" Perhaps So, But This Kind of Quitting is Not for Good Cause That Qualifies for Unemployment Compensation Benefits (MN)

Immigration
2013An Employer's Ongoing Obligations to Their H-1B Employees
2014Corporate Immigration Policies: A Checklist for Development
2012Deciding to Use E-Verify: What it Means for Your Compliance and Your Workforce
2014How to Use Your Immigration Attorney
2013Immigrant Employees? Protect Your Business from Discrimination Claims (IL)
2012Immigration Status Is Not Considered National Origin in Discrimination Case
2013Iowa Has Joined the Government's "RIDE" Program (IA)
2014Long-Time E-Verify Users: Download your historic records report... NOW!
2014Obama's Executive Actions on Immigration: What They Mean for Your Business
2012Obama's New Deferred Action Policy: What it Means for Your Employees
2014Planning on Hiring H-1B Employees This Year? Now Is the Time to Act!
2014This Year's H-1B Quota Filled in Just One Week!
2012Understanding Employment-Based "Green Card" Petitions
2012Update for Employers on the Availability of EB-2 and EB-3 Visas
2012USCIS Reaches Fiscal Year 2013 H-1B Visa Cap
2015Visas for Artists, Entertainers, and Athletes - A Primer
2014What Employers Need to Know About E-Verify Enforcement
2013"Working It" in the United States - H-1B Visas for Fashion Models
2012Your Company Needs and I-9 Compliance Plan - Sooner, Rather than Later
Form I-9
2013Do a Voluntary I-9 Compliance Audit - It's Good for Business
2013Five Pointers for Employers in Responding Effectively to an ICE I-9 Audit
2013Five Tips for Properly Completing Form I-9
2013How Employers Should Handle I-9 Verification for Remote Employees
2013Transitioning to the New Form I-9: the Perfect Time to Assess Your Compliance
2013USCIS Releases New, Revised Form I-9

Independent Contractor
201210 Common Questions Trucking Companies Ask When Setting Up Escrow Programs for Their Independent Contractor Owner-Operators
2012A Company Who Uses Independent Contractors Should Remember ALL Defenses When Facing an IRS Audit
2014ALERT FOR CONSTRUCTION COMPANIES (WHO USE INDEPENDENT CONTRACTORS): The Illinois Supreme Court Decides Illinois Employee Classification Act (ECA) Case! (IL)
2014Beauty Salon Victorious in Proving that Nail Technician is an Independent Contractor
2014Common Sense Ideas for Employers in Proving Independent Contractor Status (IL)
2014Common Sense Things Employers Can Do to Help Show Their Independent Contractors are Not Employees (MN)
2012Companies Beware! Do Not "Train" Your Independent Contractors
2012Companies Who Use Independent Contractors Should Have Notice Provisions in Their Independent Contractor Agreements
2013Companies Will Increasingly Use Independent Contractors To Avoid Coverage Under the Affordable Care Act/ObamaCare
2012Independent Contractor Status Has Its Own Terms of Art
2013Maid Service Owner Owes $500,000 in U.S. Department of Labor Wage Case Involving Mislcassified Independent Contractors
2013New Burdensome Illinois Employee Classification Act REPORTING REQUIREMENTS for 2014 (IL)
2015U.S. DOL and WI DWD Join Forces to Combat Employer Misclassification (WI)
2013What Every Company Who Uses Independent Contractors Should Know About IRS Form SS-8
2013What Exactly Does Section 212.1 of the Illinois Unemployment Insurance Act Require with Regard to Scheduling Independent Contractor Owner-Operators? (IL)
2013Why is the Contingent Workforce Growing in the United States? Thoughts for Employers
2013What Should A Company Do When It Suddenly Receives an IRS Form SS-8 in the Mail!?!
Independent Contractor - Illinois Department of Employment Security (IDES)
2013Employers Ask Anxious Questions Regarding New (and Sudden) Change in IDES Audit Policy! (IL)
2014Five Big Mistakes That Companies Who Use Independent Contractors Make on Their Websites (IL)
2014Illinois Companies Should Be Aware of a New Initiative by the IDES: Fraud Penalties! (IL)
2014Salon Owners Need to Carefully Structure Their Independent Contractor Relationships (IL)
2014Seven Ways the IDES Has Made Audits More Punishing! (IL)
2013Six Common Questions by Illinois Companies Regarding IDES Audits (IL)
2013Total Victory for Illinois Carpet Company in Its Battle with the Illinois Department of Employment Security (IL)
2013Valuable Tips for Illinois Trucking Companies Who Are Being Audited for Their Independent Contractor Owner-Operators by the IDES (IL)
2014What Employers Going Through an IDES Audit Need to Understand About the IDES Worker Relationship Questionnaire (IL)
2012Why it is a Good Idea to Protest and Appeal an IDES Audit Determination and Assessment if it Involves an Independent Contractor Classification Issue (IL)
2013Why It Is Extremely Important for Illinois Companies Who Use Independent Contractors to Handle IDES Audits Properly (IL)
2012Why Schedule C's May Not Help Companies Being Audited by the Illinois Department of Employment Security (IDES) (IL)
2012Why Should My Business Cooperate with the IDES Auditor: Is It Better to Play Dumb? (IL)
2014Yes! EVEN MORE Auditing Changes by the Illinois Department of Employment Security (IDES)!! (IL)

Non-Compete
2015A Tale of Two States: Whereas Minnesota Considered Legislation in 2014 Disfavoring Noncompetition Agreements, in 2015 the Wisconsin Legilsature Seeks to Overhaul its Law to Favor Employees and Attract Business to the Dairy State (MN/WI)
2015Contrary to Popular Belief, Non-Compete Agreements Are Alive and Well In Minnesota, Wisconsin and Elsewhere
2013Illinois Appellate Court Changes the Rules on Non-Competition Agreements: Are Your Agreements in Compliance? (IL)
2012Illinois' Non-Compete World Now Easier for Employers! (IL)
2013Iowa Court Awards Attorneys' Fees to Employer that Established Enforceability of Non-Compete Agreement, Despite the Contention that No Breach Was Proved (IA)
2013Jury Awards $22.7 Million to Minnesota Company Whose Former Employees Took Confidential Information to a Competitor (MN)
2015Minnesota Supreme Court Creates New Defense to Noncompete Agreements Based on Relying on Advice from Legal Counsel (MN)
2013Proposed Legislation Would Ban Non-Compete Agreements in Minnesota (MN)

Other
20122012 Business Resolutions
2015Adrian Peterson: A Rare Talent on the Field and Now One of the Rare Parties To Overturn a Labor Arbitrator's Decision in Court
2013Are Employers Ready?
2014Attention Employers: Upcoming Deadline for New Employee Classification Act Reporting Requirements! (IL)
2014Child Support Payments - A Potentially Bedeviling Problem for Illinois Employers (IL)
2012Distracted Driving - Employer Responsibility?
2014Domestic Violence and Child Abuse - A Problem for All of Us
2014E-Discovery: Cooperative Discovery Plans Favored by the Courts
2012EEOC Sues Employer for Enforcement of Drug and Alcohol Policy
2014Employee Debt - The Bane of Employers
2013Employer that Terminated Employee for Taking Leave to Attend Father's Funeral Faces Trial for Failure to Accommodate Employee's Religion
2013Employers Beware: Bed Bugs May Be in Your Workplace (IL)
2014Employers Face Difficult Decisions Planning to Combat Ebola Risk
2015Employers Face New Obstacles/Lawsuits from EEOC over Drug and Alcohol Testing Potentially Disabled Employees and Applicants (MN)
2014Employers Facing Litigation Have a Duty to Preserve Evidence; Failure to Do So May Lose the Case (MN)
2014Employers' Next Problem - Ebola?
2014Employers Take Note: OSHA Announces NEW Requirements Effective January 1, 2015 for Reporting Severe Injuries in the Workplace
2013Employers Take Note That the Clock is Ticking on OSHA's Revised Hazard Communication Standard
2012Employers Will Have More Options to Recover On Employee Debts When Caps on Minnesota Small Claims Court Actions Increase August 1st, 2013 (MN)
2012Employment Agreement Does Not Give Out-of-State Employee Right to Bring Claims under the Minnesota Human Rights Act (MN)
2015EPLI Coverage: Do You "Like" Your Representation?
2013Former Minnesota Governor Jesse Ventura May Proceed With Lawsuit against Fellow Former Navy SEAL (MN)
2014Governor Quinn Continues to Push for an Increase in Illinois Minimum Wage from $8.25 an Hour to at Least $10 an Hour (IL)
2014How Illinois Employers Can Prevent Workplace Violence: New Law Allows Illinois Employers to Get an "Order of Protection" (IL)
2015Key Victory in Wisconsin Court of Appeals (WI)
2012Lessons Learned: I Say, Therefore It Is
2013Looking Back at 2013! Employment Laws Enacted in Illinois (IL)
2014Minnesota Legislative Update (March 2014) (MN)
2014Minnesota Legislative Update (June 2014) (MN)
2013Minnesota Employers Take Heed: The State's New Same-Sex Marriage Law Will Deeply Impact Workplace Policies and Practices - Starting in August! (MN)
2014Minnesota Enacts New Minimum Wage, Anti-Bullying Laws in 2014 (MN)
2013Sequestrian Hits Court!
2013Supreme Court Term Ends With Flurry of Employment Decisions
2015Supreme Court takes Issue with EEOC Pregnancy Guidelines; Issues its own "Guidance" for Employers on Workplace Pregnancy Accommodations
2012Talk to My Employees - You've Got To Be Kidding
2015The Birds and the Bees
2012Two New Illinois Laws - Drivers and Cell Phones (IL)
2014Voting Day Laws 2014 - Time Off to Vote
2013Warning to Illinois Construction Clients: Amendments to the Employee Classification Act! (IL)
2014What Employers Face in Calendar Year 2014
2013What Should an Illinois Employer Do When an Employee Has an "Order of Protection"? (IL)
2015Why Wessels Sherman is Uniquely Suited to Handle Your Next EEOC Charge
2014Your Government at Work

Overtime
2013Chances Are Your Employee is Not Exempt From Overtime Pay - It's Time to Reanalyze the Administrative Exemption (IL)
2012Eighth Circuit Court of Appeals Upholds Employer's Right to Change Its Workweek, Even When the Change Impacts Overtime Pay
2012Employer Did Not Know (Or Have Reason to Know) Employee was Working Pre-Shift - So Employer Wins Lawsuit!
2013House Committee on Education and the Workforce Approves Bill that Would Allow Private Employers to Offer Comp Time for Overtime Work
2012Minnesota Fair Labor Standards Act Requires Agricultural Workers to be Paid a Salary to be Exempt from Overtime (MN)
2014Overtime Exemptions. It's More Than Official Job Titles and Important Job Duties (MN)
2013Relief for Employer Facing Trumped Up Claims (IL)
2015U.S. Supreme Court Approves DOL Interpretive Rules Finding that Mortgage Loan Officers are Entitled to Overtime

Social Media/Technology
2012The Bane of the Technological Age
2013Court Sanctions Employer for Failing to Override Its Computerized Document Retention Program to Preserve Data Relevant to ADA Retaliation Case
2014Daughter's Snarky Facebook Boast Costs Dad $80,000.00
2012DOL - Technology Witch Hunt?
2012Network Passwords - Don't Ask/Don't Tell
2012New Illinois Law: Don't Ask/Don't Tell Facebook Passwords (IL)
2013NLRB Overreach?
2014Recent Minnesota Court Decision Suggests Adding Another Termination Checklist Item - Remove Discharged Employees From Your Company Website, Social Media Sites, Etc.! (MN)

Unemployment Insurance/Compensation
2013Changes to Wisconsin Unemployment Insurance Coming Soon (WI)
2014Does an Illinois Employer Have to Give Severance to a Departing Employee? (IL)
2012Does it Matter When an Employee Quits for Purposes of Unemployment Compensation? It Might.
2013Does Severance Pay Block Unemployment Insurance Benefits in Illinois? (IL)
2012Minnesota Appellate Court Finds Employee Fired for Physical Altercation with Co-Worker Eligible for Unemployment Compensation Benefits (MN)
2012Minnesota Court of Appeals Denies Unemployment Compensation Benefits to Employees Discharged for Refusing to Sign an Acknowledgment of Disciplinary Action (MN)
2014Minnesota Supreme Court Refuses to Recognize Wrongful Discharge Claims for Employees Terminated Due to Seeking Unemployment Benefits (MN)
2013Minnesota Employee Terminated for Moonlighting Found Ineligible for Unemployment Compensation (MN)
2013Tip for Illinois Employers: Plan Your Misconduct Protest BEFORE You Fire Your Employee (IL)
2012Wal-Mart Employee is Ruled Eligible for Minnesota Unemployment Compensation Benefits Despite Admitted Violation of No Call-No Show Rule - Misconduct Excused as Consequential to Employee's Mental Impairment (MN)
2014Yes a Trucking Company Can Win with the IDES When One of its Drivers Has an Accident with a Truck (and Then Files for Unemployment Insurance Benefits) (IL)
Unemployment - Illinois Department of Economic Security (IDES)
2013Alarming New IDES Audit Policy!!! (IL)
2012Help for Employers and Their Advisors in Protesting the IDES Determination & Assessment (Tax Bill) (IL)
2012The IDES Starts Flexing its Personal Liability Muscle (IL)
2012Illinois Company Wins IDES Unemployment Insurance Case - Claimant Was Found to Have Voluntarily Quit Because Claimant Did Not Recertify His Occupational License (IL)
2014Illinois Employers Should Not Be Fooled by the "Two Weeks' Notice Myth" (IL)
2013Is Your Company's Unemployment Rate Giving You a Headache? It's Time to Start Lowering It! (IL)
2013Tips on Protesting an IDES Claim for Unemployment Insurance Benefits (IL)
2013Wessels Sherman Secures Huge Victory Under Illinois Unemployment Insurance Act Misconduct Case (IL)
2014Why Are Illinois Employers "Guilty Until Proven Innocent" When They Are Audited by the Illinois Department of Employment Security? (IL)
2012Yes, An Employee Who is Arrested or Jailed Can Still Draw Unemployment Insurance Benefits in Illinois! (IL)

Union Matters
2013A Rare Victory for Employers in a Fringe Benefits Contributions Collections Case (MN)
2014Ambush Elections and Supervisor Training
2014Ambush Elections Are Back!
2013Another Win for Employer Rights - The U.S. Court of Appeals for the District of Columbia Struck Down the NLRB's "11-by-17" Poster Requirements
2013Appellate Court Overturns Arbitration Decision to Reinstate Employee Terminated Over Child Pornography Conviction (MN)
2013Are You a Union Employer Thinking About Leaving the Union? Withdrawal Liability Might Make You Think Again
2014Bye-Bye Franchisee
2014Cash-Strapped UAW Proposes an Increase in Member Dues
2014College Football Players Union Organizing Effort
2012Construction Industry Unions Make Special Deals
2012Court Rules That Plaintiff Must Arbitrate FMLA Claims Under His Employer's Collective Bargaining Agreement With Teamsters Union
2014Department of Labor Still Very Active
2012DOL's FMLA Tie Breaker Does Not Apply to Arbitration
2012DOL - Technology Witch Hunt?
2014"Double-Breasting" Labor Question
2012Employer Stuck with Union Because of Union Trickery
2013Labor Unions Win Big in Minnesota (MN)
2014Mama Always Said I Should Not Gossip - But the NLRB Disagrees
2014Minnesota Legislature's Action Allowing Home Care Providers the Right to Unionize Now in Jeopardy Due to U.S. Supreme Court's Ruling that Illinois Personal Care Assistants Can Not be required to Pay Union Dues (MN)
2014NLRB Approves Micro-Unit at Suburban Boston Macy's Store
2014NLRB Continues its Fight over President Obama's Authority to Unilaterally Appoint its Members Without Senate Approval, Abandons its Fight Over its Own Authority to Implement Controversial Notice-Posting Mandate
2012NLRB Continues to Expand Its Authority Over Non-Union and Union Employers Alike - Rules Arbitration Agreements That Prevent Employees From Pursuing Class Action Employment-Related Claims Violate Federal Labor Law
2013NLRB Overreach?
2012NLRB Pro-Union Poster: South Carolina Federal Judge Strikes Down the Poster Rule!
2013NLRB Takes New Tack in Opposing Arbitration Agreements
2014Obama is Labor's Winning Hand
2012Outlook Remains Bleak for Multi-Employer Pension Funds
2013Private Sector Union Organizing - Where's the Action?
2015SEIU Brings $15.00/hour Wage Fight to Home Care Agencies: Rumored Plans Multi-City Walkout in March
2014The NLRB is Dissecting Employee Handbook as Part of its Expansion Efforts into the Non-Union Workforce
2014The RM Petition - A Little Known Way to Get Rid of a Union
2014Top 10 Shockingly High Salaries for Midwest Union Leaders
2012Trustees of Union Benefits Fund Have Broad Rights to Collect From Employers, Including From A Subcontractor's Surety Bond Guaranteeing Payment for All "Labor and Materials" on a Job
2014Union Membership Statistics
2012Union Organizing Still Alive and Well
2015Unions Still On the Prowl
Labor Disputes
2013Union's Tacky/Stinky Strike Tactic Survives Federal Court Challenge

Wage and Hour
2015As Summer Approaches Many Employers Will Need to Concern Themselves with Child Labor Issues
2014Avoid Paying Excessive Plaintiff Legal Fees
2014Being Prepared for United States Department of Labor Wage and Hour Investigations: Visa Program Enforcement!
2012Beware! Officers/Agents of Company Can Now Be Held Individually Liable to Pay Owed Wages Under Illinois Equal Pay Act (IL)
2013Beware! Illinois Employers Using Electronic Payroll Debit/Credit Cards for Payment of Wages May Be at Risk Under the Law (IL)
2014Congress Places Overtime Reform Under the Fair Labor Standards Act on the Agenda
2012Defending Against Equal Pay Act Claims - Recent Appellate Court Decision Emphasizes Not All Gender Discrimination Claims Are Created Equal
2013Domino's Pizza Successfully Fends Off Class Action Wage and Hour Lawsuit Claiming Delivery Driver Tips
2013Eighth Circuit Court of Appeals Upholds Arbitration Agreement That Waived Employee's Right to Pursue Class Action Wage and Hour Claims Under FLSA (MN)
2014Employee Fired for Urinating in a Box is Reinstated and Sues Employer (MN)
2014Employee Wage Deductions (IL)
2013Maid Service Owner Owes $500,000 in U.S. Department of Labor Wage Case Involving Misclassified Independent Contractors
2014Minnesota Enacts New Minimum Wage, Anti-Bullying Laws in 2014 (MN)
2013Minnesota Federal Court Holds Commissions Are Not "Paid" If They Come with Conditions (MN)
2012New Proposed Regulations Look to Turn In-Home Care Industry Upside-Down
2014Payment Cards as Wage Payment (?) (IL)
2014Reminder: New Minnesota Minimum Wage Goes into Effect August 1st (MN)
2014Take the Bite out of Meal Break Violations
2014The Hidden Warning About Providing Employees with Certain Bonuses: Is Your Business in Compliance? (IL)
2013Unpaid Intern - The Next Growth Area of Wage Litigation?
2014Update on Illinois Minimum Wage: Voters Will Give Their Advisory Opinion in November (IL)
2013Wage Claims Gone Wild (WI)
2013Wessels Sherman Wins Landmark Decision Concerning Personal Liability for Officers and Directors (IL)
2013What Does an Illinois Employer Need to Understand About the Illinois Equal Pay Act? (IL)
2012What Illinois Employers Should Understand About the Fuzzy World of Breaks and Meal Periods (IL)
2015When Can an Employer Make Deductions from an Employee's Salary without Destroying the Employee's Exempt Status?
2013Who Is That Knocking On My Door???
Prevailing Wage (Illinois)
2012Businesses Are Once Again Being Discouraged to Conduct Business In Illinois With More Amendments to the Prevailing Wage Act (IL)
2014Illinois Prevailing Wage Act - Extended Coverage??? (IL)
2013Spring is in the Air But So Are Prevailing Wage Audits: Make Sure Your Company is in Compliance! (IL)
2014Understanding the Illinois Prevailing Wage Act (IL)
2014Understanding the Illinois Prevailing Wage Act: Part II (IL)
2014Understanding the Illinois Prevailing Wage Act: Part III (IL)
2014Understanding the Illinois Prevailing Wage Act: Part IV (IL)

Women's Economic Security Act
2015Minnesota Employers Face Greater Obligations to Accommodate Pregnant Workers than Employers in Most Other States (MN)
2014Most Minnesota Employers Are Not Compliant with New Women's Economic Security Act (WESA) (MN)
2014WESA Causes Employers to Re-evaluate and Revise a Variety of Workplace Policies (MN)

Workers Compensation
2012Beware! Illinois Launches Joint Effort to Fight Employee Misclassification (IL)
2013Beware! Uninsured Illinois Employers are Getting Ticketed and Indicted for Failing to Obtain Workers' Compensation Insurance (IL)
2012Controlling the High Costs of Workers' Compensation in Illinois (IL)
2014Employee's Refusal to Take Post-Workers' Comp Accident Drug Test - OK for Employer to Terminate (IL)
2014Good News for Illinois Employers: Some Safety Experts Lose Immunity Against Lawsuits for Workplace Injuries (IL)
2012Illinois Post Accident Drug/Alcohol Testing: Will the Workers' Compensation Claim Be Denied? (IL)
2012Illinois Workers' Compensation Insurance Premium Rates Will Decrease in 2013 (IL)
2014Illinois Workers' Compensation Insurance Premium Rates Will Decrease in 2015 (IL)
2014Landmark Minnesota Supreme Court Decision May Mean More Workers' Compensation Retaliation Claims Against Employers (MN)
2014Minnesota Court Finds Employer Unlawfully Retaliated Against its Employee by Disciplining him for Late Report of Workplace Injury (MN)
2012Oral Complaints to a Private Employer Can Be Sufficient to Establish Protected Status under the FLSA - But Not This Time