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Don’t ignore unemployment claims

Don’t ignore unemployment claims

By David Prosnitz, Personnel Planners The Department of Labor reports that approximately half of all employers fail to reply to the unemployment claims they receive.  By not contes ...

Does Your Workplace Wellness Program Comply With Existing Laws?

Does Your Workplace Wellness Program Comply With Existing Laws?

By Allison Sues – SmithAmundsen LLC – www.salawus.com The National Business Group on Health’s Eighth Annual Survey on Corporate Health recently revealed the growing prevalence of w ...

Cook County Final Earned Sick Leave Rules

Cook County Final Earned Sick Leave Rules

By Noah A. Frank and Sara Zorich – SmithAmundsen LLC – www.salawus.com With the Cook County Earned Sick Leave Ordinance’s July 1, 2017 effective date around the corner, the Cook Co ...

A Hint of Change:  NLRB Allows Employer to Defend Blanket Prohibition on Use of Cameras/Video Recording Devices

A Hint of Change: NLRB Allows Employer to Defend Blanket Prohibition on Use of Cameras/Video Recording Devices

By Beverly Alfon – SmithAmundsen LLC – www.salawus.com Recently, there has been much discussion about the composition of the five-member board in Washington, D.C., including Presid ...

Politics and Religion in the Workplace – “Backlash Discrimination” of Muslims and Middle Eastern Employees

Politics and Religion in the Workplace – “Backlash Discrimination” of Muslims and Middle Eastern Employees

By Jennifer Adams Murphy, Wessels Sherman Fear, emotionally charged perspectives on the Trump administration's immigration policy and deeply embedded religious views are all topics ...

Before You Acquire That Business, Understand the NLRB’s Successor Bar Doctrine

Before You Acquire That Business, Understand the NLRB’s Successor Bar Doctrine

By Beverly Alfon – SmithAmundsen LLC – www.salawus.com   When a change of ownership occurs for a business that employs individuals who are represented by an incumbent union, t ...

IDES Audits: 10 Commonly Asked Questions by Illinois Employers about IDES Audits

IDES Audits: 10 Commonly Asked Questions by Illinois Employers about IDES Audits

By Nancy E. Joerg, Esq., Managing Shareholder – St. Charles Office, Wessels Sherman Joerg Liszka Laverty Seneczko P.C., St. Charles, Illinois, (630) 377-1554, najoerg@wesselssherma ...

7th Circuit Affirms Employer Victory: Discharge Proper for Employee Who Could Not Perform Essential Job Function

By Jonathan Hoag – SmithAmundsen- www.salawus.com The ADA Amendments Act of 2008 (ADAAA) brought broad speculation that a large percentage of employees would qualify as “disabled” as defined under the amended ADA and employers would have to focus attention on engaging in the interactive process to identify a reasonable accommodation. While it is true that the ADAAA has increased the importance of engaging i ...

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Illinois Companies Need to React to Stern Warnings from the IDES Regarding Future Fraud Penalties for Independent Contractor Misclassification

By Nancy E. Joerg, Esq., Managing Shareholder – St. Charles Office, Wessels Sherman Joerg Liszka Laverty Seneczko P.C., St. Charles, Illinois, (630) 377-1554, najoerg@wesselssherman.com, www.wesselssherman.com Illinois companies should be acutely aware that one of the newest audit strategies of the increasingly aggressive Illinois Department of Employment Security (IDES) is to give Illinois companies (who a ...

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Misconduct & Unemployment Benefits

By Noah A. Frank- SmithAmundsen- www.salawus.com Finally! As of 1/3/2016, Illinois statutorily enhanced employers’ rights to conduct business through enacting statutory misconduct as a basis for terminating an employee and denying unemployment benefits. Other jurisdictions may follow suit to protect business rights. Statutory misconduct now includes: • Falsification of employment information (application, r ...

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“Cadillac Tax” on Health Plans Delayed Until 2020

By Kelly Haab-Tallitsch – www.salawus.com Employers are receiving a temporary reprieve from the controversial “Cadillac Tax” on health plans as part of a large spending and tax bill signed into law by President Obama on Friday, December 18, 2015. The Consolidated Appropriations Act (the “Act”) delays the effective date of the Affordable Care Act’s (ACA’s) excise tax on so-called high cost health plans, know ...

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ACA Information Reporting Deadlines Extended by the IRS

By Kelly Haab-Tallitsch –SmithAmundsen- www.salawus.com Late Monday afternoon, the Internal Revenue Service (IRS) announced it was extending the due dates for certain 2015 Affordable Care Act (ACA) information reporting requirements. The welcome delay gives employers almost two additional months to furnish statements to employees and close to three additional months to file required returns with the IRS. Sp ...

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Fifth Circuit Rules that Denial of Employee’s Attempt to Rescind Resignation Can Be Unlawful Retaliation

By Steven Jados – SmithAmundsen – www.salawus.com Last month, in Porter v. Houma Terrebonne Housing Authority Board of Commissioners (“HTHA”), the U.S. Court of Appeals for the Fifth Circuit ruled that a former employee’s claim of unlawful retaliation based on complaints of sexual harassment should proceed to trial. Such a ruling is not necessarily unusual, but what makes this one unique is the court held t ...

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Will Abood v. Detroit Board Of Education Survive?

By Carlos Arévalo - SmithAmundsen LLC – www.salawus.com In June 2014, the Supreme Court issued a decision impacting “fair share” provisions in public sector collective bargaining agreements. By a 5-4 vote, the justices ruled in Harris v. Quinn that home health care workers in Illinois could not be compelled to financially support a union they did not want to join. Writing for the majority, Justice Samuel Al ...

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Employer Not Liable under the ADA for Failure to Accommodate Employee’s Disability

By Debra Mastrian – SmithAmundsen – www.salawus.com A recent 7th Circuit case, Hooper v. Proctor Health Care, Inc., Case No. 14-2344 (7th Cir. 2015), serves as a reminder that a plaintiff cannot state a failure to accommodate claim under the Americans with Disabilities Act (“ADA”) if the plaintiff’s physical or mental limitations do not affect the plaintiff’s ability to perform essential job functions. In H ...

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