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

Labor News
By Richard H. Wessels

As our readers know, a significant portion of our practice here at Wessels Sherman is devoted to representation of employers in cases involving labor unions. This runs the full spectrum from remaining union-free to dealings with organized labor involving negotiations, arbitration, strikes, picketing, boycotts, and virtually all matters coming under the general description of labor-management relations. In connection with this we keep a close eye on what is happening with labor unions. Here is an update:

Mechanics Local 701 Business Representative election

Local 701 has a procedure that is different from most labor unions. It requires that all business representatives must run for re-election. These elections are held every four years. The most recent election was on August 1 st.There were 14 candidates for 9 business representative positions. All 9 Local 701 incumbents prevailed in the election. The current elected business representatives for Local 701 are as follows:

Questions? Contact Attorney Richard Wessels at (630) 377-1554 or by email at
It's Easier for Illinois Employers to Win Before the IDES on Cases involving Misconduct
By Nancy E. Joerg

This article is to remind Illinois employers about an important amendment to the Illinois Unemployment Insurance Act (which took effect over two years ago on January 3, 2016). The amendment broadened the misconduct definition by adding eight work-related behaviors which automatically disqualify the Claimant (i.e., ex-employee who filed for unemployment insurance benefits) from receiving unemployment insurance benefits due to misconduct.

In years past, there was only a strict definition of misconduct which required deliberate and willful behavior by the Claimant. Now, under these additional factors, employers have a better chance of winning.

Questions? Contact Attorney Nancy Joerg in our St. Charles office at (630) 377-1554 or by email at
There's Still Time to Register for This Popular Teleseminar!

Presented by Attorneys Nancy Joerg & Tony Caruso

Yes, You Can Fire A High-Risk Employee Safely: Here's How!

Probably the most fear-filled question that clients ask our law firm is: "how can I fire a high-risk employee without endangering our company?!" Well, this is the teleseminar which will answer that excellent question with the kind of "easy to grasp" advice that has helped so many of our clients over the years.

We will give strategies about how to fire employees who are: litigious, disabled, out on workers' comp, over 40 years of age, pregnant, hyper-sensitive, in minority racial and ethnic group, etc. We will offer ways to dramatically lower the risk for your Company in terminating these high-risk employees.

Alert: Governor Rauner Vetoes Expansion of Some State Anti-Discrimination Laws Which Would Have Included Small Illinois Employers (Less Than 15 Employees)
By Anthony J. Caruso, Jr.

On August 13, 2018, Illinois Governor Rauner vetoed House Bill 4572. This proposed "anti-business" legislation would have expanded the definition of employers covered under the Illinois Human Rights Act with regard to employment discrimination of certain types (i.e., race, national origin, religion) from employers with 15 employees or more to one employee or more. "Pro-business" forces want to keep it this way. So does Governor Rauner.

Currently, discrimination based on disability, pregnancy, or sexual harassment only requires the employer to employ one or more employees to be covered under the Illinois Human Rights Act.

Governor Rauner stated that the basis for his veto was to prevent a burden that such discrimination claims would have on small businesses.

Questions? Contact Attorney Anthony J. Caruso, Jr., in our St. Charles office at (630) 377-1554 or by e-mail at
House Bills Signed by Governor Rauner to Combat Sex Harassment
By Nancy E. Joerg

On Friday, August 10, 2018, Governor Rauner signed two new legislative measures in the attempt to end sex harassment at the Capitol and elsewhere.

House Bill 4243 takes effect immediately and forbids tax dollars to be used to settle sex harassment claims. The goal is to prevent lawmakers and their staff from using public monies to try keep victims of sex harassment silent by paying them off using public tax dollars. The sponsor of the bill said "Now it is crystal clear under law that there is zero tolerance for sexual harassment in Illinois, particularly when it is funded by the taxpayers."

House Bill 4953 requires anti-harassment training for anyone applying for or renewing professional state licenses such as teachers, doctors and real estate agents. Such individuals must take a one hour sex harassment prevention training course. Training sessions will start in January of 2020.

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

Employment Law Questions?
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  • ACA/ADA/FMLA questions?
  • Can I deduct the cost for a uniform from employee pay?
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  • Accident at work?
  • Do all these new laws apply to my company?
  • Can I fire an employee and not be sued?
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  • Can my employees Tweet that?
  • Employees sharing confidential information?  
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Upcoming Seminars and Teleseminars

Teleseminar: Thursday, August 23, 2018, 2-3 pm

Teleseminar: Thursday, November, 2018, 2-3 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. 
Nancy E. Joerg, Esq.