Illinois Employers Beware! If You have California Employees, New Law Says Employers Must Provide Paid Sick Leave!
By Anthony J. Caruso, Jr.
Illinois employers are not required by federal or Illinois state law to provide paid sick leave to their employees in Illinois. However, if your Company has California employees, a new California state law, effective July 1, 2015, known as the Healthy Workplace/Healthy Families Act of 2014, requires your company to provide paid sick leave.
What is the California Employee Entitled to?
- An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment is entitled to paid sick leave.
- Paid sick leave accrues at the rate of one hour per every 30 hours worked, paid at the employee's regular wage rate. Accrual shall begin on the first day of employment or July 1, 2015, whichever is later.
- Accrued paid sick leave shall carry over to the following year of employment and may be capped at 48 hours or six days. However, subject to specified conditions, if an employer has a paid sick leave, paid leave or paid time off (PTO) that provides no less than 24 hours of three days of paid leave or paid time off, no accrual or carry over is required if the full amount of leave is received at the beginning of each year in accordance with the policy. Continue reading
Questions? Contact Attorney Anthony J. Caruso Jr. of Wessels Sherman's St. Charles office at (630) 377-1554 or via e-mail [email protected].
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The New DOL Regulations Destroy Small Business Employee Exemptions!
By Sean E. Darke
After waiting for over a year, the Department of Labor ("DOL") finally released its proposed overtime rule changes, which have small businesses and workers losing out!
The Fair Labor Standards Act ("FLSA") provides the minimum wage and overtime requirements that qualified businesses must pay its workers. The FLSA also provides certain exemptions from the minimum wage and overtime requirements. The most popular exemptions are known as the "white collar" exemptions. The "white collar" exemptions allow businesses to avoid paying overtime to certain employees who meet both the salary requirements and the job duties requirements. The DOL's NEW proposed regulations increase the salary requirement from $455 per week ($23,660.00 annually) to $970 per week ($50,440.00 annually)! This means that any business who uses one of the white collar exemptions, must make sure that the employee is being paid $970 per week, regardless of the quality of work or the quantity of work; otherwise the businesses cannot meet the salary requirements.
Read more
Questions? Contact Attorney Sean Darke of Wessels Sherman's Chicago office at (312) 629-9300 or via email at
[email protected]
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Pro-Union NLRB Agenda: Stay Up to Date!!
By Richard H. Wessels
Employers need to stay up-to-date on the NLRB's pro-union agenda. Keep in mind -even though you are non-union and an unlikely union target,
there still is a need to stay alert. A large percentage of NLRB cases these days involve "protected concerted activity". In other words, there is
no union involved at all. The NLRB is aggressive in asserting itself in non-union situations and
stretching the law to create coverage for non-union employees!
 Here is a laundry list of areas where the NLRB is making it easier for unions who want to organize and for non-union employees who wish to challenge their employer:
Continue reading.
Questions? Contact Attorney Richard Wessels of Wessels Sherman's St. Charles, Illinois office at (630) 377-1554 or via email at
[email protected].
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Employment Law Quick Tip from Ryan Helgeson
New Hire Reporting - Is your business complying with this little-known requirement?
The New Hire Reporting Program is part of the federal welfare reform law and now includes increased efforts to locate absent parents who are not supporting their children. Since 1997, a nationwide employer New Hire Registry has been used to locate absent parents in order to enforce child support orders. In Illinois, the
Illinois Department of Employment Security ("IDES") has the responsibility for obtaining the information for this registry.
Learn More
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Medical Marijuana in Illinois: Good News from Colorado for Employers with Zero Tolerance Policies
By Ryan M. Helgeson
The Colorado Supreme Court recently ruled in favor of an employer that terminated an employee who tested positive for marijuana during a random drug test. The quadriplegic employee challenged his discharge under the employer's zero tolerance policy because he claimed that his use of medical marijuana outside of work was lawful under Colorado statute and, therefore, protected.
Under Colorado law, employers are generally prohibited from disciplining employees for engaging in "lawful" activity outside of their work. In upholding the employer's decision, the Colorado Supreme Court concluded that the marijuana use, whether for medical or recreational reasons, was not a lawful activity because it remains illegal under federal law. Under the federal Controlled Substances Act ("CSA"), all marijuana use is prohibited. This Act lists marijuana as a Schedule I substance, meaning that federal law designates it as having no medically accepted use. There is no exception in the CSA for use in accordance with state law. Further, when federal and state laws are in conflict, as they are in this case, the Supremacy Clause of the United States Constitution provides that federal law shall prevail. Thus,
Continue reading
Questions? Contact Attorney Ryan Helgeson of Wessels Sherman's Chicago office at (312) 629-9300 or via email at
[email protected].
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Review of
Scalia/Ginsburg (the Opera)
By Nancy E. Joerg
On Saturday, July 11, 2015, I attended the world premiere of the one act comic opera Scalia/Ginsburg and thought it would be fun to share this experience. On Friday, July 10, 2015, I flew to Dulles airport in Washington D.C., rented a car, and found myself out in the extremely beautiful and very rural area of Virginia where the Castleton Music Festival is located. The Castleton Festival takes place each summer on a very picturesque 650 acre farm, surrounded by gorgeous rolling hills, the Shenandoah National Park, and the Blue Ridge Mountains.  The opera, Scalia/Ginsburg, is based on the opinions and dissents of two very vocal Supreme Court Justices, Antonin Scalia and Ruth Bader Ginsburg. Justice Scalia is the outspoken and fiery "originalist" conscience of the Supreme Court, and Justice Ginsburg is a passionate advocate for equal rights, especially gender equality. Yet they are buddies. They often travel together, attend operas together, ring in the New Year together, and very much appreciate each other as colleagues and friends. Read more
Questions/Comments? Contact Attorney Nancy Joerg, Managing Shareholder of the St. Charles office of Wessels Sherman, at (630) 377-1554 or via email at
[email protected].
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Upcoming Webinar:
Don't Get Caught Owing Tens or Hundreds of Thousands in Overtime Pay in 2015: New Game Changing White Collar Exemption Regulations Proposed by the DOL!
Thursday, August 6, 2015 | 1:00 - 2:00 p.m. | Cost $75
Webinar presented by Attorneys James Sherman and Sean Darke
Register now!
Want to know
how to avoid overtime liability for white collar workers under the DOL's proposed new regulations and inventive new tactics by plaintiff lawyers?
Join Wessels Sherman attorneys James B. Sherman and Sean F. Darke for this highly informative webinar focused on helping employers learn how to maintain exempt employment status for employees. In this webinar, we will discuss:
- Deciphering the newly proposed, 2015 White Collar Exemption Regulations that radically alter exempt/non-exempt salary criteria;
- Examining new and inventive ways plaintiff lawyers are challenging exempt status of everything from HR Directors, to professionals (even attorneys);
- Understanding nuances of which salary deductions are and are not permissible to preserve exempt status;
- Personal liability as it relates to owners, officers and supervisors;
- Best practices and practical tips.
Questions? Contact
Christine Beggan at (952) 746-1700 or by email at [email protected]
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Visit our
website
for upcoming seminars
- Webinar - Don't Get Caught Owing Tens or Hundreds of Thousands in Overtime Pay in 2015: New Game Changing White Collar Exemptions Proposed by the DOL!! - Thursday, August 6, 2015, 1:00 - 2:00 pm
- Teleseminar - Warp Speed Compliance Training: What Employers, Supervisors and Managers Must know about Handling Six of the Most Difficult Workplace Issues! - Thursday, September 17, 2015, 2:00 - 3:00 pm
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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.
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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.
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