Illinois Client Update
Legal News for Illinois Employers 
Protecting Employers for over 30 Years 
December 2018 

Season's Greetings

At this time of year we like to take the opportunity to let you know that we very much appreciate
your trust and confidence in selecting
Wessels Sherman to counsel you in your labor and employment matters.
 
We wish you great success, happiness and prosperity in the New Year!
AJC
Illinois Employer Alert: Two New Posters Required in the Workplace
By Anthony J. Caruso, Jr. 

It is time to put up two new posters in the workplace if you are an Illinois employer.

1.  ILLINOIS SERVICE MEMBER EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (ISERRA)

On August 26, 2018, Governor Rauner signed into law the Illinois Service Member Employment and Reemployment Rights Act (ISERRA) which takes effect January 1, 2019.

This new law simplifies existing Illinois law by consolidating all of the provisions, including employment protections for Illinois service members. The Illinois Attorney General will enforce the law.

By January 1, 2019, Illinois employers must post a Notice of Rights and Benefits under the Act. Click here to download a copy of the poster.

2.  ILLINOIS HUMAN RIGHTS ACT

Starting on September 18, 2018, Illinois employers with federal and/or state contracts, and employers with 15 or more employees must display the Illinois Department of Human Rights Sexual Harassment and Discrimination in the Workplace poster. Click here to download a copy of the poster.


Questions? Contact Attorney Tony Caruso in our St. Charles office at (630) 377-1554 or by email at [email protected]
City of Chicago - Office for Labor Standards
By Walter J. Liszka 

As of October 31, 2018, the Chicago City Council unanimously approved the formation of the Office for Labor Standards (OLS). The OLS has been created to provide more rigorous enforcement of the City of Chicago Employment Ordinances and to promote investigation into alleged violations. This Law will come into effect as of January 1, 2019.

Prior to the creation of the OLS, complaints of alleged violations of the City's Employment Ordinances went directly to the Department of Business Affairs and Consumer Protection (BACP), which is the Department that was tasked with the enforcement of the City of Chicago Municipal Code. Because of the immense responsibilities that affected the work of the BACP, in addition to enforcement of Chicago Employment Ordinances, it was also responsible for licensing Businesses and protecting Consumers from fraud. As an example, in 2016, the BACP investigated only one (1) out of every four (4) Minimum Wage Complaints that were filed with the Department.

Questions? Contact Attorney Walter Liszka in our Chicago office at (312) 629-9300 or by email at [email protected]
Illinois Equal Pay Act
By Walter J. Liszka

The Illinois House of Representatives and Illinois Senate recently voted to override outgoing Illinois Governor Bruce Rauner's veto of proposed changes to the Illinois Equal Pay Act. This means that Employers in the State of Illinois, effective January 1, 2019, will be required to comply with a new set of Pay Equity obligations.

The original Illinois Equal Pay Act, which was initially put into place in 2003, prohibited Illinois Employers from paying men and women different rates of pay for similar work. Beginning January 1, 2019, the Illinois Equal Pay Act will be amended and expanded to provide these protections directly to African-American Workers and will prohibit Employers from paying African-American Employees less than other Employees who are not African-American. The same protections afforded to women as of 2003 will be afforded to African-American Workers as of January 1, 2019 and will require that Employers give equal pay to African-American Employees (i.e. the same pay as received by other Employees who are not African American and who are performing the same or substantially similar work on jobs that require equal skill, effort, responsibility, and are performed under "similar working conditions").


Questions? Contact Attorney Walter Liszka in our Chicago office at (312) 629-9300 or by email at [email protected]
Don't Fall Asleep On One Of The Most Important Due Dates Regarding Your IDES Audit!
By Nancy E. Joerg

I'm writing this article because of a crucial due date that a new client of mine missed (prior to becoming my client).

This Illinois company was audited by the Illinois Department of Employment Security (IDES)-we were not their attorneys at that time. After auditing the Company, the IDES auditor reclassified the workers to employee status.

Calendar STRICT DUE DATE FOR PROTESTING TAX BILL : This Illinois company (while not yet my client) received the Notice of Determination & Assessment which is the multi-page tax bill that arrives in the mail weeks after the Company has been audited by the IDES.

The strict due date for protesting the Determination & Assessment is 20 days from the date of mailing of the Notice of Determination & Assessment. Unfortunately, that is not much time for the Company to swing into action if they wish to protest and go to a Hearing.

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

Employment Law Questions?
Sign up for Wessels Sherman's Very Popular Telephone Program

We can help you solve these workplace issues and many more:
  • Employee coming in late?
  • ACA/ADA/FMLA questions?
  • Can I deduct the cost for a uniform from employee pay?
  • What new employee paperwork do I need?
  • Accident at work?
  • Do all these new laws apply to my company?
  • Can I fire an employee and not be sued?
  • Does our privacy policy cover internet use?
  • Can my employees Tweet that?
  • Employees sharing confidential information?  
For only $75 a month you will have unlimited access to Wessels Sherman attorneys who can answer these and other employment law questions. Call for a "free trial" of a month or more!  
Contact us to learn more or to sign up.
Teleseminar: Thursday, January 31, 2019, 2-3 pm

How to Handle Employees with Medical Issues to Protect Your Company! 
Teleseminar: April 18, 2019, 2-3 pm

How to Use Severance & Release Agreements When Firing an Employee
Teleseminar: Thursday, September 12, 2019, 2-3 pm

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.
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.