Client alert

November 2023

Protecting Employers Since 1985

In this issue:

Illinois Paid Leave for All Workers Act
Welcome to our Newest Attorney
Employee Handbook Reviews
Reasonable Accommodations and Commuting
Union Organizing - Easier than ever
Proud Moments - Our Upper Midwest Roots

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

Illinois Paid Leave for All Workers Act to Take Effect January 1, 2024

By Anthony J. Caruso, Jr., Esq.

On March 13, 2023, the Paid Leave for All Workers Act was signed by Governor J.B. Pritzker to take effect on January 1, 2024.

What employers are covered under the new law?

Private and public employers with at least one employee. Also includes State of Illinois, local governments, and political subdivision employers.

What employers are NOT covered?

Construction industry with collective bargaining agreement and related defined activities under the Act. Also, includes snow plowing and removal and refuse collection.
School districts/park districts if organized under the School Code or Park District Code.
Employees covered under collective bargaining agreement in delivery and transportation services.
Employers covered under paid leave/sick pay ordinances enacted before this law. For example, this would include the City of Chicago Sick Pay Ordinance and/or Cook County Sick Pay Ordinance with municipalities opt-in.

What employees are covered?

Wessels Sherman is Pleased to Announce that

John D. Simmons has Joined Our Firm

Attorney John Simmons has joined Wessels Sherman, bringing with him 17 years of experience in all aspects of state and federal trial and appellate court proceedings, agency matters and arbitrations. He has represented and counseled employers of all sizes.

Mr. Simmons obtained his juris doctorate degree with honors from the University of Illinois, College of Law. He is admitted and licensed to practice both in Illinois and Iowa and will handle legal matters in these and other states working with other firm attorneys and local counsel, where needed.

John is an intellectual, yet very affable attorney who truly enjoys working with owners and professionals to help them manage their businesses. He and his wife, Sarah, have 2 children. When not passionately representing his clients, John enjoys spending time with his family, reading, and attending arts and cultural events.

Please join us in welcoming John Simmons to Wessels Sherman’s dedicated team of management labor and employment lawyers!

Contact John by phone at (563)333-9102 or by email,

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

Employee Handbooks - Make Sure Yours Is Up to Date

By John D. Simmons, Esq.

As you should be aware, there has been a rush of legislative and administrative changes throwing old employment practices into disarray; changing precedent, instituting new standards for classic employment benefits and rights, and redefining the responsibilities and duties of employers to their employees. We have seen this arrive on the federal and state level, so the reach of these changes cannot be underestimated.

Right in the middle of these changes lies your employee handbook. Even a 2023 revision may no longer be valid, or worse yet may set you on the wrong side of the NLRB or your state’s board. If your Handbook is older than 2023, you almost certainly need to have it reviewed for compliance with these new rules. We can provide that service, if you are concerned about whether your Handbook is up-to-date.

Reasonable Accommodation and Commuting to Work

By Alan E. Seneczko, Esq.

Employers recognize that they have a duty to reasonably accommodate employees with disabilities that substantially limit their ability to perform the essential functions of their job. But what about disabilities that limit their ability to get to work? Does the duty to accommodate extend to the commute? The Seventh Circuit recently tackled this issue and held, “maybe.”

In EEOC v. Charter Communications, 75 F.4^th 729 (7^th Cir. 2023), an employee who suffered from cataracts that made driving at night unsafe requested a modified work schedule that reduced his nighttime driving for the commute home. After granting his request on a trial basis, his employer refused to extend it, arguing that the requested accommodation was beyond the reach of the ADA because it did not relate to the employee’s ability to perform his job. The lower court agreed and dismissed the case.

Questions? Contact Al by email or at (262)560-9696

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

All Employers Should Read This!

By Richard H. Wessels, Esq.

The NLRB has re-written the rules for union organizing with many trip wires for employers.

We have been alerting our clients about the extraordinarily pro-union NLRB decision in Cemex.

This decision revamps completely the process for a union to be recognized. The old procedure called for the union to demand recognition and the employer could tell the union “no”. It was the union’s burden to file an NLRB petition for an election which would decide whether or not the union had majority support. This is called an RC petition.

Now, under the Cemex decision, when the union demands recognition, they need not file an RC petition. The employer must file what is known as an RM petition. Moreover, the employer must do so promptly, and that is the word that was used by the Board in the Cemex decision. The text of the 121 page Cemex decision does not define promptly, however, footnote 139 says as follows:

Proud Moments to Share

Wessels Sherman P.C.'s Upper Midwest Roots

By James B. Sherman, Esq. and Richard H. Wessels, Esq.

Since WS law was founded by Richard Wessels, in 1985, our firm has grown its Midwest footprint. Our first office location was in St Charles, IL, not far from our current office. We next expanded to Milwaukee, Wisconsin, where James Sherman joined the firm. After we crossed the Mississippi to open an office in Iowa, Jim relocated to his home state of Minnesota to open our Minneapolis office, in 1998. Joseph Laverty has anchored our Davenport, IA office since 2000 and our Wisconsin office is now in the Milwaukee suburb of Oconomowoc, anchored by Alan Seneczko.

As a regional labor and employment law firm representing employers of all sizes, Wessels Sherman's offices have always been functionally integrated. As such our attorneys frequently join forces to handle matters for our clients in multiple states throughout the country. Firm founder Dick Wessels is licensed to practice in Illinois, Wisconsin, and Iowa. Jim Sherman, has long been licensed and practiced regularly in Wisconsin and Illinois, in addition to Minnesota. Joe Laverty, who grew up in the Chicago area, is licensed and practices from the firm's offices in Illinois and Iowa. Like Joe the firm's newest attorney, John Simmons, is also dual licensed in Illinois and Iowa. Another Chicago native, Al Seneczko is licensed to practice in Wisconsin and the federal court for the Northern District of Illinois, in Chicago.

In sum, our lawyers can and often do represent our clients in multiple states, wherever our experienced services are needed. Wessels Sherman continues its long tradition of representing employers in federal and state courts and administrative agencies (e.g. the EEOC, NLRB, DOL, Minnesota MDHR, Illinois IDHR, Wisconsin ERD, Iowa ICRC, and so many others). Over many years we have accomplished thousands of successful and precedent-setting outcomes for our business clientele. We take pride in that!

Questions? Contact Jim Sherman at (952) 746-1700 or email Jim and Richard Wessels at (630) 377-1554 or email Richard.

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