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 Many Illinois trucking companies who use independent contractor owner-operators are well aware that if they are ever audited by the Illinois Department of Employment Security (IDES) [the state agency ...

by Jeffrey A. Risch - SmithAmundsen LLC – www.salawus.com In line with a minority but growing trend, on May 13, 2013 Minnesota enacted the Criminal Background Check Act.  The new law, effective January 1, 2014, restricts an employer’s ability to request any criminal history (including actual convictions) from a job applicant.  The new law allows employers to only consider or require disclosure of an applica ...

By: Jeffrey A. Risch, Esq., Labor & Employment Practice Chair, SmithAmundsen LLC, jrisch@salawus.com On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held that the National Labor Relations Board’s (NLRB) regulation requiring businesses to post notices of worker rights to engage in pro-union activities, or be subject to punishment, violates federal labor law. (Nat’l Ass’n of ...

by Jon Hoag – SmithAmundsen LLC – www.salawus.com Once again, the court has reiterated that employers can avoid liability by promptly investigating and remedying claims of harassment.  In Jensen v. Styrolution Am. LLC, Judge Guzman of the Northern District of Illinois dismissed a retaliation and harassment complaint against the employer based on proof that the employer took prompt remedial action when it le ...

By Sara Zorich – SmithAmundsen LLC – www.salawus.com Last week the “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744) was introduced.  Since then, there have been a series of congressional hearings to discuss the provisions of the Act.  It is clear from the hearings that there are strong opinions on the bill from many communities that would be affected.  In general, the bill ...

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 Recently I wrote an article announcing the alarming and aggressive new IDES audit policy.   The article has “gone viral,” and I am getting calls from Illinois business owners, accountants, controllers ...

by Samantha Esmond – SmithAmundsen LLC – www.salawus.com On April 12, 2013, the United States House of Representatives voted to approve a bill called “Preventing Greater Uncertainty in Labor-Management Relations Act” (H.R. 1120). The bill was sponsored by Representative Phil Roe (R-TN). According to Roe, “President Obama’s so-called recess appointments left the board in a state of legal chaos and my bill wi ...

The American workforce is growing heavier, softer and more sluggish than at any time in history. The U.S. ingloriously leads the world in the obesity stakes and epidemic levels of chronic and degenerative health conditions which are threatening the nation’s capacity to field a globally competitive workforce. American employers have risen to their nation’s health challenge. Driven to divert the double threat ...