July 2023 Client Alert

Client alert

July 2023

In this issue:

New Law and Temp Workers in Illinois
NLRB Independent Contractor Test
Supreme Court Decision on Free Speech
News from Iowa Legislature
Proud Moments to Share

Protecting Employers Since 1985

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

Attention Illinois Employers: Changes in the Law Will Soon Affect Businesses Using Temporary Employees

By Anthony J. Caruso, Jr., Esq.

Background: On June 16, 2023, House Bill 2862 was sent to Governor Pritzker for signature. This legislation will amend the Illinois Day and Temporary Labor Services Act to expand the pay and benefit rights of the temporary workers as well as increased safety oversight by both the agencies and the third-party business that use such workers.

Effective: Date of the Governor’s signature.

Major Provisions:

Workers can refuse to be assigned to third-party business locations where labor disputes exist or appropriate training not provided;
Equal pay for equal work for temporary employees after 90 days;
Equal benefits for the temp workers equivalent to existing comparative employee of the third party businesses;
Safety: health and safety training required from both staffing agencies and client businesses;
New notice, reporting, and record keeping requirements;
Legal actions created: Illinois Attorney General and interested parties right to seek civil penalties.

How to Prepare for New Law:

Watch for the effective date of the law and any new regulations to implement it.

NLRB Makes Independent Contractor Test More Difficult for Employers

In a decision issued in mid-June, the pro-union NLRB made it tougher for employers to demonstrate that their workers are independent contractors. Independent contractors are not covered by the National Labor Relations Act and thus do not have organizing rights. The decision is The Atlanta Opera, Inc. and the Board went back to the traditional common-law test and over-ruled prior precedent which placed great weight on entrepreneurial opportunity for gain or loss. Read the NLRB’s press release here and the Atlanta Opera Decision here

Questions? Contact attorney Richard Wessels in our St. Charles office by email or at (630)377-1554

No Shortage Of Controversy When It Comes To First Amendment Free Speech

By James B. Sherman, Esq.

The Supreme Court’s recent decision in 303 Creative LLC v. Elenis has caused quite a stir. Boiled down to its simplest form, the Court essentially ruled that a Colorado web designer could not be forced to “speak” by creating a webpage about a subject the owner found objectionable. Had the designer refused to design a page for a Neo-Nazi group, the SCOTUS’ support of that right likely would have been met with little opposition. However, in 303 Creative LLC the owner objected to designing a webpage for a gay couple’s wedding. Gay rights activists wasted no time in condemning the Court (and each Justice who joined in the majority opinion) as homophobic judicial activists. Yet as is often the case with court decisions on First Amendment issues, the emphasis is less about what others think of the speech than on the rights of the speaker to speak freely, without government intervention.

Previous First Amendment freedom of speech decisions by the Supreme Court suggest that the 303 Creative LLC decision is not all that different from past precedent. For example, in Texas v. Johnson, 491 U.S. 397 (1989) the SCOTUS in a narrow 5-4 opinion, upheld the right of protesters to burn the American flag as a form of “speech.” Many Americans and particularly those who served in the military, were outraged.

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

Questions? Contact Joe by email or at (563) 333-9102

News from the Iowa Legislature

By Joseph H. Laverty, Esq.

New Iowa child labor laws

A new law has just taken effect in Iowa relating to child labor laws. The new law allows kids ages 14 and 15 to be able to work until 11:00 PM during the summer. That’s two hours longer than previously allowed. They’ll be able to work until 9:00 PM during the school year. Kids over 16 will have no hour limits. Employers should be aware that this change may be challenged as being in conflict with federal labor regulations found within the Fair Labor Standards Act (FLSA).

Kids 16 and older will be able to serve alcohol in restaurants, with parent or guardians written permission, for the first time. The opponents of the new law expressed concerns about kids serving alcohol and the potential they could be taken advantage of or overserve someone. However, the new law requires the kids be in line of sight of two adult employees at all times when serving alcohol and they can only serve alcohol in restaurants when the kitchen is open and they cannot serve alcohol in bars. Employers should also be aware that this new law may be in conflict with Federal Rules and potential legal challenges may be forthcoming.

Proud Moments to Share

Browyn Sherman, daughter of Wessels Sherman President/CEO James Sherman, is pictured below on the floor of the Delaware Senate with two Senators who sponsored a Tribute in recognition of her outstanding service during her 2023 legislative Fellowship.

"Of course I am proud of my daughter, Browyn," said her father. "She graduated with honors from Loyola University, Chicago, married an officer in the U.S. Air Force, and when they relocated from California, Browyn enrolled at the University of Delaware to pursue a Master's Degree in Public Administration. She currently has a perfect 4.0 GPA and after graduating this fall she intends to pursue a career in administration at an impactful, national nonprofit organization. Most importantly, like her two equally accomplished brothers, Browyn is a smart, kind, creative, and caring individual who brightens the lives of everyone around her."

Our only question here at Wessels Sherman is why is Jim so reserved in his comments about his children?

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