October 2023 Client Alert

Client alert

October 2023

Protecting Employers Since 1985

In this issue:

The NLRB's anti-business agenda
Illinois law now affects companies using temporary workers
New rules for union organizing
Audit your company to ensure compliance with state and federal laws

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

The NLRB Is Now Getting Serious With Its Anti-Business Agenda

By Richard H. Wessels, Esq.

Here’s the story of the NLRB’s pursuit of the two owners of a Muskego, WI spa. In 2021, the NLRB found that Haven Salon + Spa violated the NLRA when it discharged an employee for raising concerns about the adequacy of the company’s COVID-19 safety protocols during the height of the pandemic. In raising those concerns, the Board found that the employee had engaged in protected concerted activity within the meaning of the Act. The Board’s order required Haven Salon + Spa to offer the employee reinstatement, expunge references to the discharge from its files, provide records relevant to calculating backpay to the Board, post a notice of employee rights at its facility, and file a certificate of compliance with the Board’s Regional office. The Court enforced the Board’s order later that year.

After Haven Salon + Spa failed to fully comply with the Court-enforced order, the Board filed a motion to hold Haven Salon + Spa in contempt, which the Court granted in February 2023. The Court’s contempt order imposed escalating daily fines on Haven that could be forgiven in full if it complied with the Board’s order within a week’s time.

Haven Salon + Spa still did not comply.

Attention Illinois Employers: New Law Affects Businesses Using Temporary Workers in Illinois

By Anthony J. Caruso, Jr., Esq.

Background: On August 4, 2023, House Bill 2862 was signed by Governor Pritzker. This legislation amends 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: July 1, 2023

MAJOR PROVISIONS

Labor Disputes:

Workers can refuse to be assigned to third-party business locations where labor disputes exist. The law requires that before a temporary worker can be sent to a job site where there is a labor dispute, the worker must be given written notice. The notice must inform of the dispute and the right of the worker to refuse the assignment.

Safety: health and safety training required from both staffing agencies and client businesses.

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

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

Cemex Decision and the New Rules for Union Organizing

By Richard H. Wessels, Esq.

In our September Client Alert, we wrote about the extraordinarily pro-union NLRB decision in Cemex. Here are links to NLRB press release and the decision itself.

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...

The Benefits of Conducting a Self-Audit on Your Company

By Joseph H. Laverty, Esq.

Employment law issues run the complete range from discrimination and harassment to unsafe conditions – but one thing remains the same: If you as the employer are violating a law you could be opening your company and yourself to liability. Below are common employment laws to conduct an audit on.

Common Employment Law Issues

Common employment law issues involve things like:

Discrimination
Harassment
The Family and Medical Leave Act
Minimum wage disputes
Overtime disputes
Salary misclassification
Wrongful termination

It would be well advised that employers look at these issues carefully and make sure they are in compliance with state and federal laws.

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

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