Client Alert
August, 2017
The Department of Labor Begins its Pro Business Agenda with its Requests for Information on the Overtime Rule
Sean Darke, Attorney
Contact Attorney Sean Darke in our Chicago office at
(312) 629-9300 or by email at
or Attorney Joseph Laverty in our Davenport office at (563) 333-9102 or by email at
By Sean F. Darke, Esq. and Joseph H. Laverty, Esq.

The DOL has started to implement its pro-business policies, which should create a better environment for businesses. Although it took the DOL some time to hit its stride, we are now seeing some keys policies being implemented.

On Wednesday, July 26, 2017, the DOL Wage and Hour division ("WHD") issued a request for information ("RFI") regarding the overtime regulations that were finalized in 2016. The WHD is once again seeking comments from the public on the appropriate salary level for the executive, administrative and professional exempt employees under the Fair Labor Standards Act ("FLSA").

In 2016, under the Obama administration, the Department of Labor ("DOL") substantially increased the salary level test for the executive, administrative and professional exemptions from $23,660 per year to $47,476 per year. A U.S. district court issued a nationwide injunction preventing the DOL from enforcing the new salary level, which was supposed to go into effect on December 1, 2016.
Paperwork Is Never Done
By Walter J. Liszka, Esq.
Over my seventy-two (72) years of life, there are a number of constants that have existed. One of them is “no job is complete until the paperwork is done”. This is certainly true with the United States Government and its numerous forms (i.e. new EEOC Forms; new OSHA Forms, etc.).  

Effective as of September 18, 2017, the U.S. Citizenship and Immigration Service has implemented a revised Form I-9 – Employment Eligibility Verification – that must be used by Employers as of that date. Prior to September 18, 2017 (i.e. through September 17, 2017), the old Form I-9 or the new Form I-9 may be used, but after that date (i.e. September 18, 2017), only the new I-9 Form can be used. You will note that the new I-9 Form is effective through August 31, 2019. This new I-9 Form is available on our website here.

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Contact Attorney Walter Liszka in our Chicago office at  (312) 629-9300 or by email at
Tips for a Business Suddenly Hit with an IRS SS-8 Request
By Nancy E. Joerg, Esq.

The IRS Form SS-8 has been used for decades by the IRS and is often sent to a company when a disgruntled independent contractor complains to the IRS that he/she was really an employee (and was misclassified by the company).

The IRS Form SS-8 is entitled “Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.” You can easily find it online.

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Contact Attorney Nancy Joerg in our St. Charles office at
(630) 377-1554 or by email at
We are proud to announce that Nancy Joerg, Senior Attorney and Managing Shareholder of the St. Charles Office was selected for inclusion as one of 47 female lawyers across the United States in a unique book called Grit, the Secret to Advancement: Stories of Successful Women Lawyers.

The book was just published by the American Bar Association in July 2017 and contains a collection of 47 letters from a select group of female attorneys who have used grit and growth principles to advance in their impressive legal careers. Each shares her advice, insight, and experience as a female attorney who has achieved success in the practice of law. 
New EEO-1 Report
By Walter J. Liszka, Esq.

While there is no requirement for Employers to file an EEO-1 Report during Calendar 2017, do not start celebrating too quickly. The "New and Improved" EEO-1 Reports are due by March 31, 2018 and require expanded/new reporting requirements. These new/expanded reporting requirements not only require reporting with regard to race, ethnicity, gender, etc., but also require reporting on the basis of total compensation and total hours worked by race, ethnicity, gender, EEO-1 category and designated salary bands.

While there has been some discussion that the new Trump Administration will take a "meat axe" to the new EEO-1 Report requirements, no one can assume that will happen. Therefore, Employers must become proactive and prepare to comply with these new requirements until they are officially withdrawn. With that thought in mind, here are some things to consider:

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Contact Attorney Walter Liszka in our Chicago office at  (312) 629-9300 or by email at
Connect with Wessels Sherman 
Upcoming Seminars and Events
Yes, You Can Fire A High Risk Employee: Here's How!: Teleseminar, Thursday, August 17, 2017, 2-3 pm

Avoid Legal Mistakes in Onboarding: Teleseminar, Thursday, September 28, 2017, 2-3 pm

Developing the Best Employee Handbooks for Illinois Employers: What Policies to Include (and Why)!!: Teleseminar, Thursday, November 9, 2017, 2-3 pm  

Firing without Fear: Strategies to Protect Employers, In-Person Breakfast Seminar, St. Charles, Illinois, Tuesday, December 5, 2017, 8:30-11:30 am
The attorneys of Wessels Sherman have the superior experience, knowledge and leadership to aggressively represent your business nationwide, including St. Charles, Chicago and Cook County, Illinois; Oconomowoc, Wisconsin; Minneapolis, Minnesota; Davenport, Iowa and the entire Quad Cities area.   

CLIENT ALERT Editor-in-Chief........Walter J. Liszka
Minnesota........................................James B. Sherman
Wisconsin.........................................Alan E. Seneczko
Iowa.................................................Joseph H. Laverty
Illinois...............................................Nancy E. Joerg   

The Client Alert is a complimentary newsletter published periodically for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.