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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 ...

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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McDonnell Douglas Analysis Takes Another Blow: Employment Discrimination Cases Should Be Assessed from a Straightforward, Non-Shifting Perspective, Seventh Circuit Says

By Jamie Kauther – SmithAmundsen LLC – www.salawus.com The Seventh Circuit recently took another shot at the increasingly rebuked McDonnell Douglas framework for determining employment discrimination claims. Seasoned employment attorneys can recite the McDonnell Douglas burden-shifting analysis in their sleep; in fact, it’s likely been the topic of some sleep-talking rants for some. Under the analysis, esta ...

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Open Enrollment is Here – Get Affordable Insurance for Your Employees

It’s the Open Enrollment Period – do you know what your insurance rates are? This is a good time of year to do a checkup on your health insurance premiums. The Open Enrollment Period (OEP) begins November 1 and runs through January 31 – it’s the only opportunity some people have to purchase new insurance plans each year. We’re hearing from a lot of members that they are seeing insurance premium increase in ...

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Documenting an Employee Termination: Better Late Than Never!

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 clients call me and apologize for the fact that they have failed to document the poor performance of an employee who has, in fact, now been fired. Now, the client is starting to worry that they ha ...

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Arbitrary Disposal of Rejected Employment Applications vs. EEOC Regulations

Contributed by Steven Jados – SmithAmundsen LLC – www.salawus.com On the final day of September, the EEOC filed a sex discrimination lawsuit against the Coca Cola Bottling Company of Mobile, Alabama. The EEOC frequently files lawsuits, but this lawsuit had an additional claim not often seen, which may be a wake-up call to many employers. That claim was based on the bottling company’s alleged failure to pres ...

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Tips For Drafting Severance Agreements To Avoid Scrutiny From The EEOC and NLRB

By Debra Mastrian – SmithAmundsen LLC – www.salawus.com The EEOC and NLRB continue to actively review severance agreements, in addition to social media policies and employee handbooks. The provisions that draw the most scrutiny are waivers or releases of claims, confidentiality and non-disparagement provisions. Any attempt to interfere with an employee’s right to file an administrative charge, communicate w ...

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Warning to Illinois Employers: Don’t Confuse the IDES Notice of Determination & Assessment with the IDES Audit Findings Letter or Audit Results Letter!!

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 Confusion Alert!! Over the many years in which I have been assisting Illinois companies who are audited by the Illinois Department of Employment Security (IDES), some of the most tragic circumstances ...

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FMLA: Employer’s Leave of Absence Form Defeats Former Employee’s FMLA Claim

By Michael Wong – SmithAmundsen LLC – www.salawus.com Under the Family Medical Leave Act (“FMLA”) employees do not have to expressly say they need “FMLA” or otherwise invoke any of its provisions when requesting leave that would qualify under the FMLA. As such, employers have to be vigilant and question whether an employee’s request or need for leave qualifies for FMLA leave. However, employers should know ...

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