Illinois Client Update
Legal News for Illinois Employers 
Protecting Employers for over 30 Years 
September 2016 


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Teleseminar: Drafting Non-Compete Agreements - Protect your Company!

Thursday September 22, 2016, 2:00 - 3:00 p.m.

Many Illinois employers mistakenly believe that non-compete agreements are worthless. This is not true! Effective non-compete agreements can be lifesavers to businesses when they are trying to protect their customers, key employees, customer lists, and other crucial information. Also, strong non-compete agreements have powerful deterrent value. GOOD NEWS: Illinois law has recently tilted towards courts finding some non-compete agreements to be legally enforceable. We will also discuss highlights from the new federal Defend Trade Secrets Act. This teleseminar, presented by experienced employment lawyers Nancy Joerg and Jennifer Murphy, will be presented in a lively, interactive style, in plain English (no legalese!), right over the phone. No computers involved. All you need is a standard telephone. We also provide you valuable handouts.    
End of Summer Labor Law Checklist
By Richard H. Wessels

1.  Defunct Labor Contract?
Construction industry employers are particularly vulnerable to this issue. It may not be defunct! A typical fact pattern is that years ago the contractor signed an assent agreement which typically has language binding them to successor agreements. Later, the company assumed that the contract was stale because they had employed no one in this trade for some time. But, still later big problems appeared when the union resurrected the contract and made various claims of violations. Contact us to get contracts like this properly cancelled.
 
2.  Union Pension Fund Liability
If you are contributing to a union pension fund, find out if that fund carries with it unfunded liability (often known as MPPAA liability) and how much it is. There is much more to this than just making the contractual pension fund contributions. Wessels Sherman can guide you through the simple process.
 
3.  NLRB and Employee Handbooks
The NLRB has been aggressively attacking innocent appearing handbook provisions and finding that these policies are unfair labor practices as potential interference with protected concerted activity. This is very tricky stuffy, and we can quickly do an analysis to clean up your handbook.
 
4.  Wessels Sherman Telephone Consultation Program
Our $75 monthly unlimited phone consultation program is the best HR tool out there. If you are an employer, you should be a part of it. Contact us to sign up.

Questions? Contact Attorney Richard Wessels at our St. Charles office at (630) 377-1554 or by email at [email protected]
Illinois Supreme Court Finds that IDES was Mistaken in Denying Unemployment Benefits
By Nancy E. Joerg

In this case, American Airlines looks like a harsh and unreasonable employer. The Claimant was an American Airlines employee who was fired by American Airlines for merely helping a passenger obtain a seating upgrade and also giving the passenger some champagne for the flight.
 
REASON AMERICAN AIRLINES WAS UPSET : American Airlines decided that the Claimant violated company rules and was guilty of "theft or pilferage of company property" by upgrading the passenger and requesting champagne for the passenger without proper authorization. The employee's actions allegedly cost the airline $7,100.
  

Questions? Contact Attorney Nancy Joerg in our St. Charles office at (630) 377-1554 or by email at [email protected]

Nancy Joerg Presents to CPAs and Attorneys about New
IDES Audit Policies Regarding Independent Contractors

St. Charles, Illinois office Managing Shareholder Nancy Joerg addressed The Fox Valley Chapter of the Illinois CPA Society at the Hilton Hotel in Lisle, Illinois at the Chapter's JD/CPA Practitioners' Breakfast meeting on Friday, September 9, 2016. Nancy's presentation was titled: "New Illinois Department of Employment Security (IDES) Audit Policies: Learn about the Latest!"

Is the Prevailing Wage Act Under Attack?
By Ryan L. Young

As you may recall from my previous articles, the Illinois Prevailing Wage Act requires employers to pay the prevailing wage rate to employees employed in any public works.  Recently, many companies have received surveys from the Illinois Department of Labor (IDOL) asking what each company pays its workers for prevailing wage and non-prevailing wage work.  Additionally, for years, IDOL investigations into violations of the Act increased and became commonplace.  But it appears that such investigations have tapered off to an almost non-existent state.  So what is going on with the Illinois Prevailing Wage Act?  It appears that the Prevailing Wage Act is under attack and certain developments may provide an explanation why.


Questions? Contract Attorney Ryan Young in our Chicago office at (312) 629-9300 or by email at [email protected]


AJC
Legislative Update: Illinois Mandates Child Bereavement Leave
By Anthony J. Caruso, Jr.

The death of a child is a very traumatic event for a parent. The grieving process is a difficult one. Federal law does not provide a leave of absence for this purpose. Most employers only provide employees a three day period for bereavement/funeral leave for the death of a child.

On July 29, 2016, Governor Bruce Rauner signed the Illinois Child Bereavement Leave Act, effective immediately.

What EMPLOYERS are covered under this law?
ONLY employers covered under the federal Family and Medical Leave Act (50 employees within a 75 mile radius of the employee's worksite).

What EMPLOYEES are covered under this law?
ONLY employees covered under the federal Family and Medical Leave Act (employed one year and worked 1,250 hours in the last year).

What unpaid leave is the EMPLOYEE entitled to?
  • Two weeks (ten working days) in the event of the death of the employee's child.
  • Up to six weeks if employee suffers the loss of more than one child in a 12 month period.
  • Leave must be taken within 60 days of the notice of loss.
  • Employee must give at least 48 hours' notice to the employer, if practicable.
  • Employee can use accrued paid time off to be paid on this leave.
How can the EMPLOYEE use the leave?
  • To make the arrangements for the funeral or other alternative arrangements.
  • To attend the funeral or alternate arrangements.
  • To grieve the death of the child.
How is child defined under the law?
Biological children, stepchildren, adopted and foster children and child of a person standing "in loco parentis".

Employers may want to update their funeral leave policy in their employee handbooks to reflect this new Illinois law.
   
Questions? Contact Attorney Anthony Caruso at Wessels Sherman St. Charles office at (630) 377-1554 or by email at [email protected].
New Wage & Hour Regulations and Affordable Care Act Updates
You still have time - but not much!

A breakfast seminar by attorneys Sean Darke, Jennifer Murphy and Peter Hansen will provide an overview of the NEW DOL overtime exemption rules, compliance strategies, and lessons on how to avoid the COSTLY TRAPS of wage and hour laws. PLUS, ACA updates and compliance.

Join us for cider and donuts on Thursday, October 27, 2016 in St. Charles


A Bit of History on the Wessels Sherman Telephone Consultation Program

The Wessels Sherman Phone Program started the day our firm began operations back in 1985. It was exactly the same unlimited telephone consultation program we have in place today, and the cost was $50 per month. Today it is $75 per month, a pretty small increase over 31 years! This program provides easy access to any of the firm's attorneys. Typical phone consultation questions deal with handling issues of a problem employee, workers' comp, questions on overtime laws, issues with narrow-focus laws such as FMLA, COBRA, ADA or  ACA, wage deduction questions, harassment, unemployment matters, unfair competition issues, immigration laws, reductions in force, company policy interpretation and labor union issues. 
To sign up for our $75 per month flat-rate telephone consultation program or to discuss the program contact Dick Wessels at (630) 377-1554 or by email at [email protected].
Fall seminars & teleseminars

 
Visit our website to view upcoming seminars & teleseminars
Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Minnesota, Wisconsin, and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected. 
Editor-in-Chief: 
Nancy E. Joerg, Esq.

Editor:
Sean F. Darke, Esq.
WS Illinois Client Update is a complimentary newsletter published for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.