• Illinois Client Update from Wessels Sherman

    Illinois Client Update
    Legal News for Illinois Employers
    Contact Tony in our St. Charles, IL office at (630) 377-1554 or by email
    Illinois Department of Labor Issues COVID-19 Vaccine Guidelines
    By Anthony J. Caruso, Jr., Esq.
    As the COVID-19 vaccine rollout continues, the Illinois Department of Labor (IDOL) issued in March 2021, the following guidance for employers.
    Mandatory Vaccination Programs
         Wages: If an employer requires employees to get vaccinated, the time the employee spends obtaining the vaccine is likely compensable even if it is non-working time.
         Paid Leave: Time off for vaccinations should be combined with paid leave for employees, or the employer should otherwise provide for the time taken by the employee.
    "In order to promote health and safety in the workplace, the Illinois Department of Labor recommends that employers review their leave and vaccination policies and revise accordingly to provide leave, time, and flexibility in order to encourage employees to obtain the 1st dose and 2nd dose of the COVID-19 vaccine."
    Voluntary Vaccination Programs
         Time-Off: Employers should allow employees to utilize paid sick leave, vacation time or other paid time off for employees to receive the COVID-19 vaccine. If employer does NOT have paid time off, employer should consider offering the employee flex time or unpaid time off to be vaccinated.
    Continue reading
    Contact Nancy in our St. Charles, IL office at (630) 377-1554 or by email
    Illinois Employers Ask: Why is the IDES Auditing My Company?
    By Nancy E. Joerg, Esq.
    One of the most frequent questions that Illinois companies have asked me over the years is, “Why me?” They want to know why the Illinois Department of Employment Security (IDES) has selected their company to be audited.
    IDES auditors have a legitimate and important function: to make sure that Illinois employers are paying their fair share of unemployment insurance contributions. These contributions are used to fund the Illinois unemployment insurance system which has a historic social and economic function. But of course, Illinois employers do not want to pay more than their fair share.
    " Due to the considerable legal complexity of an IDES audit, it is best to have an in-depth strategy session (between the Company and an experienced attorney who has handled many such IDES audits) prior to the Company’s first interaction with the IDES auditor.   This kind of strategy session is particularly important in the current COVID-19 era during which many strange and confusing IDES decisions have been handed down....changing the legal landscape for independent contractor coverage by the IDES."
    IDES auditors obviously cannot audit all Illinois employers every year. So, there has to be a system under which IDES auditors decide which Illinois companies they will audit. Surprisingly, roughly half of all IDES audits are purely random.
    Continue reading
    How Illinois Employers Can Use Severance & Release Agreements When Firing Employees: Do’s and Don’ts (Teleseminar)
    When: Thursday, April 29, 2021, 2-3 pm
    Cost: Only $100 - includes valuable handouts!
    Presented by Attorneys Nancy Joerg & Tony Caruso
    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?!”
    This is the teleseminar which will answer that question with “easy to grasp” advice. We will discuss how offering severance to an employee in exchange for the employee signing a release of claims is an effective way to help avoid potential litigation. Practical tips will be provided-– no LEGALESE allowed!
    We will cover:
    • How severance agreements can help protect your company.
    • What must be in severance agreements under the NEW ILLINOIS LAW and how to present and negotiate the terms?
    • What are the legal requirements for severance agreements for employees over the age of 40?
    Questions? Contact Tammy Nelson at (630) 377-1554 or by email
    Register for Teleseminar
    For only $75 a month you will have unlimited access to Wessels Sherman attorneys who can answer these and other employment law questions. Call for a "free trial" of a month or more!
    Contact us to learn more or sign up!
    Employment Law Questions?
    Sign up for Wessels Sherman's Very Popular Telephone Program
    We can help you solve these workplace issues and many more:
    • Employee coming in late?
    • ACA/ADA/FMLA questions?
    • Can I deduct the cost for a uniform from employee pay?
    • What new employee paperwork do I need?
    • Accident at work?
    • Do all these new laws apply to my company?
    • Can I fire an employee and not be sued?
    • Does our privacy policy cover internet use?
    • Can my employees Tweet that?
    • Employees sharing confidential information? 
    In addition to our Illinois offices, 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. 
    Learn More
    Editor-in-Chief: Nancy E. Joerg, Esq.

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