January 2012 Client Alert
- James B. Sherman Named President and Chief Executive Officer
- New H-1B Visas Cap Reached. (New Petitions Start on April 1, 2012!)
- Are You Prepared for the 2012 HIPAA Audits?
- Employee Engages in Same Conduct as His Supervisor but Disciplined More Harshly: Race Discrimination Case
- The Employer's Legal Maze
- Reminder - Don't Forget the New DOT Regulations On Use of Cell Phones That Take Affect January 1, 2012!
December 2011 Client Alert
- Meet Jennifer Adams Murphy - Our Newest Shareholder and Attorney!
- The Corporate Shield Pushed Aside for Fair Labor Standard Act Violations - Yes, That Means Personal Liability!
- Seventh Circuit Court of Appeals Announces No "Token" Exception in Discrimination Cases
- Legal Assistant, Judy Lalonde, Retires!
Wessels Sherman is pleased to provide a wide variety of articles relating to our practice areas. To request additional information, please contact any of our offices.
Labor and Employment Law Articles
Alpha | Topic
- 2009 Iowa Legislature Comes To A Close
- 2011 H-1B Visas Gone
- A 401(k) Plan Fiduciarys Nightmare --- U.S. Supreme Court Opens the Litigation Flood Gate with Employee Retirement Benefit Plans
- A Bridge to Justice - A Bridge Too Far?
- Accessing Employees' Social Network Sites - Are You My "Friend?"
- Another Anti-Employer Unemployment Ruling in Iowa
- Another Problem for Unionized Employers - Trust Fund Audits
- Appellate Court Upholds Dismissal Of ADA Claim By Plaintiff Who Became Ill From Cancer
- Are 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
- Are Employers Required To Provide Paid Sick Leave?
- Are You Incorrectly Paying Your Employees? If So It Could Cost You Your Business
- Are You Prepared for the 2012 HIPAA Audits?
- Are You Ready For The Employee Free Choice Act?
- Are Your Local Truck Drivers Exempt From the Overtime Requirements Under the Fair Labor Standards Act?
- As An Owner, You Could Be Charged With A Felony Under This 2011 Amendment - Have You Been Paying Attention?
- As work force changes, many misclassified workers miss out on benefits
- Auditor's Study Indicates that State Agencies and Contractors Are Not Fully Complying With Minnesota's E-Verify Requirements
- Businesses Are Once Again Being Discouraged to Conduct Business In Illinois With More Amendments to the Prevailing Wage Act
- Can An Employer Ask An Employee To "Give Up" Overtime Pay?
- Case Dismissed: Wessels Sherman Joerg Liszka Laverty Seneczko P.C. Secures Victory for Company in Sex Discrimination Lawsuit
- Change to the NLRA Moves Forward Despite Opposition
- City's Inability To Accommodate An Employee's Disability Supported By Court
- Class Action Lawsuits Over 401(K) Plan Administration Continue to Gain Traction
- COBRA Subsidy Extended Through March 2010
- Collective Bargaining in an Era of Union Decline
- Compensatory and Punitive Damages Now Recoverable Under WFEA
- Congress extends the 65% COBRA premium assistance under the American Recovery and Reinvestment Act beyond 12/31/09.
- Connecticut Becomes First State in the U.S. To Enact Paid Sick Leave!
- Construction Industry "Salting" Tactics
- Construction Industry Developments
- Contrary to Popular Belief, Employers Can Win Unemployment Compensation Cases Based on Attendance - Just Ask the Minnesota Supreme Court and/or the Authors of This Article
- Controlling the High Cost of Worker's Comp.
- Court Finds No Right to Jury Trial Under WFMLA
- Court Holds that Minnesota Drug and Alcohol Testing Statute Does Not Bar NFL From Disciplining Vikings Players Who Tested Positive for Reputed Steriod Masking Agent
- Court Rules That Plaintiff Must Arbitrate FMLA Claims Under His Employer's Collective Bargaining Agreement With Teamsters Union
- Court Sets Standard for Individual Liability under the Minnesota Human Rights Act
- Court Tosses Milwaukee Sick Leave Ordinance
- Court Upholds OSHA's "Controlling Employer" Citation Policy
- Cut Your Legal Costs: Join Wessels Sherman's Phone Program!
- Demise of Denny Hecker Auto Dealership Impacts Unemployment Compensation Rulings in Minnesota
- Department of Labor Expands the Family and Medical Leave Act (FMLA) for Non-Traditional Families
- DHS Issues Final Rule Amending Electronic Storage Rules for Form I-9
- Discriminatory Practice to Refuse to Hire an Unemployed Applicant?
- Do Illinois Employers Have to Give Notice to Employees When They Fire Them?
- Do You Need a Minnesota Independent Contractor Exemption Certificate? A Compliance Audit Can Limit Your Liability.
- Don't Get Sacked By Minnesota's Drug Testing Law
- Double Victory in Nevada Case For WS Litigation Team
- E-Alert: Which Illinois Unemployment Insurance Contribution Rate Do I Use, The Employee Leasing Company's or the Client Company's?
- E-Verify in Illinois: The Legislature is Back in the Business
- EEOC Issues Its Long-Awaited New ADA/ADAAA Regulations - EMPLOYERS BEWARE: You have less than ONE MONTH to prepare!
- EFCA Will Not Become Law, But Employers Must Still Be Alert To Union Card Signing
- Effective Independent Contractor Agreements
- Election '08: What "Change" May Actually Mean to Employers
- Emergency Unemployment Insurance Issues for Illinois Employers
- Employee Engages in Same Conduct As His Supervisor but Disciplined More Harshly: Race Discrimination Case
- Employee Free Choice Act Not Dead Yet!
- Employee Free Choice Act: Time for a Compromise?
- Employee Handbooks: Delete Unnecessary Promises!
- Employee Misclassification Prevention Act
- Employee Who Took Protected Military Leave Was Not Protected From Discipline for Misconduct Discovered While He Was Away
- Employees Have More Ways to Prove a Violation of the Minnesota Human Rights Act (MHRA)
- Employer Alert: Keep Track of 30 Working Days for Illinois Unemployment Insurance Companies
- EMPLOYER ALERT: Keep Track of 30 Working Days For Illinois Unemployment Insurance Purposes
- Employer Government Benefit ????
- Employer Rights In Disciplining Employees During FMLA Leave
- Employer Severance Plans May Help Lessen the Cost of WARN's Advance Notice Requirements
- Employers & Immigration Dilemmas: Lessons from the Chipotle Terminations
- Employers are Confused! How Can My Employees Both Work and Collect Unemployment Insurance Benefits from the IDES?!
- Employers Are Still Clamoring to Prepare for New EEOC Regulations on the Americans with Disabilities (ADA) Amendments
- Employers Must Be More Careful Than Ever With Criminal Background Checks!
- Employers Must Provide an Adequate Channel for Harassment Complaints
- Employers Wonder: How Can My Independent Contractor File For Unemployment Insurance Benefits?
- Employers: Time to Get up to Par with Mental Health Parity
- Employment At Will In Iowa, Or Is It?
- Employment Based Immigration Matters
- Employment Law: To Notice Or Not To Notice (WARN)
- Evaluating and Comparing Minimum Wage Laws
- Evaluating your Independent Contractor Agreement Under the Illinois Employee Classification Act
- Evergreen Clause in Collective Bargaining Agreement Costs Employer More Green in Minnesota
- Facebook - Everywhere You Look
- Fair Labor Standards Act (FLSA) - Paying Your Employees
- Federal Appeals Court Rules in Favor of Employer Where Employee's Discharge Closely Followed FMLA Leave
- Federal Minimum Wage Increase 6-07
- Final Family Medical Leave Act Regulations
- Fired for Facebook? NLRB Position on Companies' Social Media Policies and Firing Employees for Online Posts Delayed
- FMLA Amended... Again
- FMLA Leave Expanded For Military Families
- Follow the Medical Brick Road or Doing the FMLA Notice Dance
- Gainsharing: Key To Better Employee Relations In Union And Non-Union Companies Alike
- GINA Is Here - Are Your Policies Up To Date?
- GINA: First Federal Civil Rights Law of the 21st Century
- Goodbye Social Security No-Match Regulations and Hello Unannounced Workplace Visits
- Government Agencies are Going After Employers Who Wrongly Classify Employees as Independent Contractors
- Great News for Companies Who Use Independent Contractor Massage Therapists!
- H-1B Visa Cap Update
- H1N1 From an Insider's Perspective
- H1N1 Legislation - Employers May "Cough Up" (Pardon the Pun) More Dough for Sick Employees
- Handling IDES Audits: Section 212(A), (B) and (C)
- Handling Social Security No Match Letters
- Hot Topic: New Amendments to the ADA - Effective January 1, 2009
- How Does A Company Properly Terminate Independent Contractors?
- How Employers Can Avoid Overtime Problems and Other Wage and Hour Concerns
- How to Conduct a Sexual Harassment/ Discrimination Internal Investigation
- HR Audits: An Ounce of Prevention
- Hygrade Distribution Independent Contractor Case
- I-9 Compliance Audits
- IDES and IRS Audits: Why Does the Company Need to Prove Independent Contractor Status?
- IDES Audits for Independent Contractor Truck Drivers
- IDES Audits of Independent Contractor Truck Owner/Operators under Section 212.1
- IDES Audits: Deciding How Much a Trucking Company Owes
- IDES Audits: Don't Handle an Illinois Department of Employment Security Audit Without Careful Planning!
- IDES Audits: Five Questions Companies Commonly Ask
- IDES AUDITS: How Employers Should Fill Out The Audit Questionnaire
- IDES Audits: If You Use Independent Contractors, Be Sure You Know All of the Powerful IDES Exemptions
- IDES Audits: Why Are Auditors Using Questionnaires for an IDES Audit?
- Illinois Appellate Court Ruling Makes It More Difficult For Employers to Enforce Non-Solicitation Agreements
- Illinois Biometric Information Privacy Act
- ILLINOIS EMPLOYEE CLASSIFICATION ACT: The Rules Have Been Finalized and Adopted
- Illinois Employers and Their Chains of Command
- Illinois Employers Ask... Can I Require My Employees to Work Seven Days in a Row?!
- Illinois Employers Beware: Prevailing Wage Act Expanded
- Illinois Employers May Benefit from Adopting a Relationship Policy
- Illinois Employers: Be Aware of Dangerous and Misleading New IDES Policy Concerning IDES Audits!
- Illinois Employment Classification Act 1/1/2008
- Illinois Gender Violence Act - Another Reason to be Vigilant in the Enforcement of Anti-Sexual Harassment Policies
- Illinois General Assembly Looks to Expand the Victims' Economic Security and Safety Act (VESSA)
- Illinois Introduces Bill to Create a New Cause of Action for Employees Subjected to an "Abusive Work Environment"
- Illinois Prevailing Wage Work Could Lead to Illinois Employee Classification Act Audits
- Illinois' Non-Compete World Now Easier for Employers!
- Immigration Alert: Prepare To File Your FY 2012 VISAS Now
- Immigration Law: New USCIS Handbook Assists Employers By Answering Common I-9 Questions
- Immigration Options to Fill Positions
- IMMIGRATION UPDATE: Illinois' Attempt to Restrict Employers' Use Of The Federal E-Verify Program Is Blocked
- Immigration Update: Federal Judge Enjoins Government From Enforcing Its New Social Security No-Match Regulations
- Immigration Update: Four Breaking Developments
- Immigration Update: Increased Worksite Enforcement Continues in June 2011
- Immigration Update: Self-Check for E-Verify Expands
- Improving Economy Sees an Increase in Non-Compete Disputes
- In a Case of First Impression: Federal Court of Appeals Declares Infertile Woman Receiving In Vitro Fertilization Treatment Can Maintain Pregnancy Discrimination Lawsuit Against Employer
- In Landmark Wal-Mart Case, Supreme Court Deals Major Blow to Class Action Lawsuits and the Lawyers Who Pursue Them
- Increased Worksite Enforcement for Immigration Violations Announced
- Independent Contractor or Employee Status? New IRS Audits Turn Up Heat on Misclassification
- IOWA - Employment At Will
- Iowa Court Rules in Favor of Employer Refusing to Rehire/Reinstate Pregnant Employee
- Iowa Employers Need to be Vigilant Regarding Equal Pay Issues
- Iowa Fair Pay Law Effective July 1, 2009
- Iowa Hotel Chain to Stand Trial in Sex Discrimination Case for Allegedly Shunning "Ellen DeGeneres Look" for its Front Desk Position
- Iowa House Passes File #681, Which Could Establish an Iowa WARN Act
- IRS Plans Increased Independent Contractor Crackdown!
- IRS Targets Companies Using Independent Contractors
- Is E-Verify Self-Checking on the Horizon?
- Is WS Endorsed On Your Epli Or D/O Insurance Policy?
- Is Your Company Inadvertently Extending FMLA Rights? It Could Cost You!
- Is Your Union Contract a Ticking Time Bomb?
- Judge Postpones Implementation of Governor Dayton's Executive Order Permitting Daycare Workers to Vote to Unionize
- Labor Related Executive Orders Issued by President Obama Implemented in May, 2010
- Lawsuit Over Disputed Commissions Is Resolved In Employer's Favor
- Lawsuit Over Disputed Commissions is Resolved in Minnesota Employer's Favor
- LESSONS LEARNED - Effective Documentation
- LESSONS LEARNED: The Other Side of the Story
- Letters from the Illinois Department of Employment Security (IDES)
- Liability For Harassment Under Illinois Law More Expansive Than Federal Law
- LIRC Limits Award of Front Pay Under Wisconsin Fair Employment Act to Claims for Retaliation
- Mandatory E-Verify Is Back in Minnesota
- Milwaukee Sick Leave Update
- Minnesota Agencies to Coordinate with the Federal Government to Investigate Misclassifaction of Employees
- Minnesota Amends Personnel File Law
- Minnesota COBRA Changes and Federal COBRA Subsidy Update
- Minnesota Court Enforces Non-Compete Agreement Signed as a Condition of Promotion to Regional Sales Manager
- Minnesota Court Finds Unexcused Absences Do Not Amount To Misconduct for Purposes of Unemployment Compensation
- Minnesota Court Issues Important Decision Impacting An Employer's Disqualification of A Job Applicant Based On Convictions Disclosed Through A Criminal Background Check
- Minnesota Court of Appeals Rules that Employer's Settlement Payment in an Employment Discrimination Suit Reduces Employee's Unemployment Compensation Benefits
- Minnesota Court Questions Genuineness of Employers Reduction in Force
- Minnesota Courts Continue to Find Poorly Worded Severance Agreements Unenforceable
- Minnesota Department of Human Rights Must Keep Information Confidential
- Minnesota Supreme Court Decides Case of First Impression Construing the 1988 Amendments to "Marital Status" Discrimination Under the Minnesota Human Rights Act
- Minnesota Supreme Court Grants Unions Access to Private Company Payroll
- Minnesota Supreme Court Rules Duluth Must Provide Retirees Lifetime Health Insurance Benefits At the Same Level As Current Employees
- Minnesota Supreme Court Upholds Employer's Intention to Discontinue Workers' Compensation Benefits under a Stipulation and Settlement of Claims
- Minnesota Tipped Wages Takes Center Stage in Gubernatorial Race
- Minnesota Trucking and Messenger/Courier Employers: Be Sure You Know the New State Independent Contractor Criteria
- Minnesota's Drug and Alcohol Testing Statute (DATWA) Was Not Violated When Employee Was Fired While Undergoing Drug Testing
- MINNESOTA: No Discrimination Based On The Employee's Marital Status
- Model Language for Service Member Supplement to FMLA
- More Penalties for Employers - Non-Payment of Wages
- My Workplace - Smoker-Free
- National Labor Relations Board Expands Pro-Union Agenda
- National Labor Relations Board Faux Pas
- National Labor Relations Board Issues Complaint Against Boeing Alleging that Boeing Unlawfully Transferred Work to a Non-Union Facility
- New Changes to the Illinois Prevailing Wage Act
- New COBRA Subsidy - Top Ten Most Frequently Asked Questions
- New H-1B Visas Can Be Filed Beginning April 1
- New H-1B Visas Cap Reached. (New Petitions Start on April 1, 2012!)
- New Illinois Supreme Court Decision on Enforceability of Non-Compete Agreements: Good News for Employers!
- New Litigation Threat - Whistleblowers
- New NLRB Rule Requires Posting of Employee Rights Notice (Pro-Union)!
- New Proposed Regulations Look to Turn In-Home Care Industry Upside-Down
- New Record Keeping Policies Now A Business Imperative
- NLRB 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
- NLRB Issues Final Rule on "Ambush Elections" December 22, 2011
- NLRB Postpones its Mandatory Notice-Posting Until 1/31/2012
- Not All Harassment Complaint Procedures Are Acceptable
- Notice Requirements Strengthened Under the Illinois Prevailing Wage Act
- Obama Appoints Two Democratic Nominees To NLRB, Leaves GOP Nominee Behind
- Occupational Safety and Health Administration at Work
- OFCCP Targets Minnesota Companies
- On the Verge of Immigration Reform(?): Understanding the DREAM Act
- One of Your Employees Was Just Indicted For Murder. What Now?
- OSHA Issues Final Rule on Employer Payment for Personal Protective Equipment
- Outlook is Bleak for Multi-Employer Pension Funds
- Overtime Pay: You Cheated Me!
- Ownership of the Truck is Extremely Important for Independent Contractor/Owner Operators in Illinois
- Paycheck Fairness Act Fails to Pass Senate
- President Obama Designates Wilma B. Liebman To Be the Chairman Of The NLRB
- President Obama's Economic Bailout for the Trial Lawyers: The "Lilly Ledbetter Fair Pay Act" Breathes New Life Into Dead Claims
- Proposed Legislation Creates Additional Concerns for Wisconsin Employers
- Proposed Notice Regarding Rights of Employees Under the NLRA
- Protect Independent Contractor Status When You Fill Out the Paperwork for IDES Audits
- Public Sector Employers
- Ratification: A Matter of Interpretation?
- Recent Decisions on Independent Contractor Status In Trucking as Viewed by the Illinois Department of Employment Security (IDES) Under Section 212.1 of the Illinois Unemployment Insurance Act
- Recent Developments in Iowa
- Recent NLRB Election Results Demonstrate Why Employers Need to Campaign in Union Elections
- Recovery From Tough Economy Spurs Unfair Competition, Non-Compete and Employee Poaching Disputes in Minnesota
- Refusing to Hire the Unemployed - An Unlawful Employment Act?
- Relief For Employers Offering Retiree Health Benefits
- REMINDER - Don't Forget the New DOT Regulations On Use of Cell Phones That Take Effect January 1, 2012!
- Reminder to "Small" Illinois Employers: VESSA Now Applies To Your Company
- Right to Work States
- Road Map for Healthcare Plans
- Same-Sex Partner Benefits
- School's Out Soon -- Read This Before Hiring Teen Workers
- Sears, Roebuck To Pay $6.2 Million For Disability Bias
- Section 212.1 and Payment of Workers' Compensation Premiums
- Seventh Circuit Backs Walmart Firing of Anti-Gay Religious Employee
- Seventh Circuit Court of Appeals Announces No "Token" Exception in Discrimination Cases
- Severance Agreements Releasing Claims in Minnesota Continue to be Under Attack in the Courts
- Should Your Company Take Advantage of the New IRS Voluntary Worker Classification Settlement Program? Look Before You Take A Leap!
- Sick of FMLA Abuse? Private Investigation Provides Another Way to Fight Back
- Six Questions and Answers Under the Illinois Employee Classification Act
- Social Media Agenda Continues to be a Priority for the National Labor Relations Board
- Social Media Goes to Court
- Social Security No Match, No More?
- Social Security No-Match Letters - The Guest Who Won't Leave
- Sputtering Economy Offers a Reminder to Be Mindful Of WARN Act Obligations
- Statement by Secretary of Labor Hilda L. Solis on Bureau of Labor Statistics report on union members in 2010
- Strict Posting And Record Keeping Requirements Under The Illinois Employee Classification Act
- Supreme Court Rules "Mixed Motive" Instruction Is Never Proper Under The ADEA: Will This Decision Prompt The Jack Gross Age Fairness Act?
- Supreme Court Rules Plaintiff Lawyers Have No Class... As In "No Class Action!"
- Supreme Court Ruling Allows Employers To Curtail Future Age Discrimination Litigation By Allowing Mandatory Arbitration Of Age Discrimination Claims
- Supreme Court Sides with Walmart in Huge Sex Bias Lawsuit
- Supreme Court Skirts Text Message Privacy
- Supreme Court Supports White Plaintiffs in Reverse Discrimination Suit
- Ten Tips for Employers Who Face Going to an Illinois Department of Human Rights Fact Finding Conference
- Textual Harassment: The New Smoking Gun
- The Bane of the Technological Age
- The Contours of the Illinois Prevailing Wage Act's Narrow Hauling Exemption
- The Corporate Shield Pushed Aside for Fair Labor Standard Act Violations - Yes, That Means Personal Liability!
- The Employer's Legal Maze
- The Hidden Risks Of The Motor Fuel Tax And How The Illinois Department of Transportation Is Now Attempting To Exploit Those Risks!
- The Illinois Independent Contractor Law: The Illinois Employee Classification Act - Frequently Asked Questions and Answers
- The Importance of the Human Resources Audit
- The New Iowa WARN Act
- The Paycheck Fairness Act - At a Glance
- The Proper Use of Independent Contractors
- The Question of Mandatory Direct Deposit
- The Recent Health Care Reform: What Employers Need to Know
- Time to Prepare Those Visas!
- Tough Choices: Cutting Labor Costs Do's and Don'ts
- Trucking Companies Should Exercise Caution When Setting Up Owner-Operator Escrow Programs
- U. S. Supreme Court Issues a Huge Blow To Labor Union Politics:Will congress Respond By Bailing Out The Unions?
- U.S. District Court Upholds OSHA Subpoena in Grain Engulfment Case
- U.S. Supreme Court Endorses So-Called "Cat's Paw" Theory of Employer Liability Where a Non-Decision Maker Influences Adverse Employment Action
- U.S. Supreme Court Rules Even Oral Complaints of Wage & Hour Are Protected from Employer Retaliation Under the FLSA
- Union Contracts - The one-person unit rule
- Union Contracts - The one-person unit rule
- Union Purchased Local Golf Course in Minnesota
- Unlawful Hiring Practices: The EEOC Continues to Expand its Definition of What Constitutes an Impermissible Pre-Employment Inquiry
- Update on Union Pension Funds
- Using Race to Deny Promotion Proves Problematic For Employer
- Wal-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
- Warning to Illinois Companies About Illinois Classification Act: New Danger!
- What are the "Penalties" Under the Illinois Employee Classification Act
- What Is "Construction" Under the Illinois Employee Classification Act?
- What's the Illinois Prevailing Wage Act?
- Which Illinois Unemployment Insurance Contribution Rate Do I Use, The Employee Leasing Company's or the Client Company's?
- White House Announces Three NLRB Nominations
- Why Can't I Take Money From A Careless Employee's Paycheck?!
- Will the Supreme Court Expand Retaliation Claims to Protect Employees Who "Associate" With Employees Who Have Engaged In Protected Activity?
- Wisconsin - Legislative Scorecard
- Wisconsin Court Extends Duty of Loyalty
- Wisconsin Court Rules Employer May Not Avoid Bonus Obligation by Terminating At-Will Employee
- Wisconsin Courts Address Unreasonable Refusal To Rehire
- Wisconsin FMLA Expanded to Include "Domestic Partners"
- Wisconsin Governor Signed Law Restricting Unions' Ability To Collectively Bargain On Their Members' Behalf
- Wisconsin Legislative Update (April 2010)
- Wisconsin Legislature Seeks to Regulate Employer Monitoring of Employee Email
- Wisconsin Supreme Court Revisits Non-Compete Agreements
- Wisconsin Update
- Wisconsin Worker's Compensation Update
- Worker's Compensation and the ADA
- WS Secures Another Harassment/Discrimination Victory
- WS strengthens relationship with the Illinois Chamber Of Commerce
- Yes, the Illinois Employee Classification Act Complaints are Starting to Roll In
