NLRB Joint-Employer Standard-2023 Final Rule

By Joseph H. Laverty Esq.

On October 27, 2023, the National Labor Relations Board, (NLRB), published a final rule addressing the standard for determining joint-employer status.

The final rule establishes that, under the National Labor Relations Act (NLRA), two or more entities may be considered joint employers of a group of employees if each entity has an employment relationship with the employees, and if the entities share or co-determine one or more of the employees’ essential terms and conditions of employment.

How does the 2023 standard differ from the 2020 standard?

The final rule rescinds and replaces the 2020 final rule that was promulgated by the prior Board, and which took effect on April 27, 2020.

The 2023 rule lowers the joint-employer standard in establishing whether an entity may be considered jointly liable under the NLRA. In particular, the 2023 rule considers the alleged joint employers’ authority to control essential terms and conditions of employment, whether or not such control is exercised, and without regard to whether any such exercise of control is direct or indirect. The new rule clearly recognizes that reserved control and indirect control are relevant to the analysis.

Is your business ready for 2024?

Minnesota and Illinois

have new paid leave laws taking effect

Beginning January 1, 2024, Minnesota and Illinois employers have new and expanded obligations when it comes to paid leave and employers in the City of Chicago have new obligations beginning December 31, 2023. Below are articles on Minnesota's new Sick and Safe Leave and the City of Chicago Paid Leave and Sick Leave Ordinance. On our blog is our previously published article about Illinois' Paid Leave for All Workers Act.

Minnesota Employers Must Post Notices Of New Sick And Safe Time Law, By January 1, 2024

By James B. Sherman, Esq.

Minnesota’s new “Sick and Safe Time” law goes into effect as of January 1, 2024. In general, the law requires employers to accrue a minimum of 1 hour of paid leave for every 30 hours worked by eligible employees (those who work at least 80 hours in a year), up to a maximum of 48 hours. Employees may use this paid leave for treatment or preventive care for their own illness as well as for that of a broadly defined list of covered family members. They may also use the leave for absence due to domestic abuse, sexual assault or stalking of the employee or a family member. While many employers’ existing PTO and similar paid leave policies may already meet the mandates of this new law, they cannot be more restrictive than the statute. Therefore, before assuming existing leave policies comply with the Minnesota Sick and Safe Leave law taking effect on January 1, 2024, employers should verify the following in their policies:

Questions? Contact Jim by email or at (952)746-1700

Questions? Contact Tony by email or at (630)377-1554

It’s Complicated/It’s Expensive: New City of Chicago Paid Leave and Sick Leave Ordinance

By Anthony J. Caruso, Jr., Esq.

On November 9, 2023, the City of Chicago enacted the new Paid Leave and Sick Leave Ordinance to take effect on December 31, 2023.

What Employers are covered under the new law? Any employer with at least one employee, except employers under a collective bargaining agreement on or before January 1, 2024. However, this exception can be waived by mutual agreement in the CBA.

Classification of Employers as to Paid Leave

Small – 50 or fewer employees
Medium – 51-100 employees
Large – 100 or more employees.

Accrual of Paid Leave/Sick Leave:

Begins on January 1, 2024 or the first date of employment.
Leave for all employees in Chicago (full or part-time/seasonal/temporary workers) is earned at a rate of one hour of paid and sick leave for every 35 hours worked in 12 months. For each type of leave, employers may cap the leave at 40 hours paid.
Note: Employers can front load each type of leave. Carryover still required.

Waiting Period Before Leave:

Questions? Contact Richard by phone at (630)377-1554 or by email

Documenting Employee Performance Issues

By Richard H. Wessels, Esq.

While doing a google search on a different subject, I came across a well-done, short and simple six-point listing on how to document employee issues. This six-point listing is as follows:

Stick to the facts and underline expectations.
Emphasize behavior.
Align records of past performance.
Describe proof of misconduct.
Identify and present consequences.
Meet in person and get a signature.

I was struck by how our Wessels Sherman employee counseling form leads you to follow these recommendations. We have provided it to clients for decades and it works well. Click here to see it and you are free to use it.

Employee Counseling Form

Happy holidays from all of us at Wessels Sherman

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