The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co. et al. (Aug. 5, 2025) marks a pivotal shift in how district courts manage collective actions under the Fair Labor Standards Act (FLSA) across Illinois,...more
Under most of the federal civil rights laws, employers are covered only if they employ 15 or more employees. See, e.g., 42 U.S.C. § 2000e(b) (Title VII). Businesses that employ fewer than 15 employees are not subject to the...more
Wisconsin Governor, Tony Evers, via the State’s Department of Health Services, issued Emergency Order #3 Tuesday afternoon. The Order notes that Wisconsin is currently the nation’s COVID-19 hot spot. According to the CDC,...more
Six months into the COVID-19 pandemic in the United States, everyone is looking for hopeful signs that life can return to “normal” on any level. Encouraging news reports indicate that the race to develop a COVID vaccine is...more
All employers have information that they want to protect and keep secret. From a salesperson’s customer list to Colonel Sanders’ secret blend of 11 herbs and spices, maintaining the confidentiality of private information is...more
A recent spate of lawsuits against large employers’ 401(k) retirement plans (a Plan) has refocused attention on the need for plan administrators to ensure that they are honoring their fiduciary duties and prudently managing...more
Earlier this afternoon, Governor Evers announced that he had issued a mandatory face covering executive order applicable to all Wisconsinites (age five (5) and older) when they are indoors or in an “enclosed space,” which is...more
The Wisconsin Supreme Court ruled yesterday that Emergency Order 28, the current version of Wisconsin’s “Safer at Home” order, is “unlawful, invalid, and unenforceable” because the governor’s office exceeded its emergency...more
Wisconsin Governor Evers announced the opening of various “community testing events.” According to the announcement, “Wisconsin is increasing access to testing, and anyone with symptoms should contact their health care...more
Businesses that remain operational during the COVID-19 pandemic are faced with the challenge of determining what they can do to minimize the risk of spreading the virus while still being able to provide critical products and...more
With Wisconsin’s initial Safer-at-Home Order scheduled to expire next week, Wisconsin has issued a new Emergency Order extending most of the restrictions through May 26. The governor’s office has also issued an FAQ...more
4/17/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Executive Orders ,
Operators of Essential Services ,
Public Gatherings ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government ,
Wisconsin
Earlier today, Wisconsin Governor Tony Evers entered a Safer at Home Order. The Order requires the closure of all businesses throughout the state except those deemed “Essential Businesses and Operations.” For those...more
Wisconsin Governor Tony Evers announced this morning via Twitter that he intends to issue what is being labeled a “Safer at Home” Order on Tuesday, March 24, 2020. Though the formal requirements of the Order have yet to be...more
Getting supervisors and managers to prepare detailed and thorough performance reviews is like getting kids to eat their vegetables. They don’t want to do it, and they’ll look for excuses to avoid it. But just as good parents...more
The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump...more
2/4/2020
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Trump Administration ,
Unfair Labor Practices ,
Unions
We’ve discussed on several occasions the patchwork of paid sick and family leave laws in cities and states across the country. While the federal government has yet to take up the issue, this is one of the few topics that...more
If the NLRB were a TV drama (imagine the ratings!), the most recent Christmastime decision by the D.C. Circuit Court of Appeals would have been a season-ending cliffhanger. It leaves the future of joint employment in doubt...more
Over the course of the past two weeks, the Seventh Circuit has issued two separate opinions that limit the ability of state and local governments to craft their own labor law policy. In doing so, the court created a circuit...more
In the past, we have highlighted some of the legal risks of employing commission-based employees, as well as some of the methods for limiting those risks. A new court decision out of Illinois provides a good reminder that...more
7/3/2018
/ Bonuses ,
Employee Commissions ,
Employer Liability Issues ,
Minimum Wage ,
Policies and Procedures ,
Retailers ,
Sales Commissions ,
Salespersons ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more
If you work in a unionized workplace, surely the union at one point or another has “gotten your goat.” Well, the goats are now getting their revenge, and a union doesn’t like it.
'...more
Last week, in BNSF Railway Co. v. Tyrrell, 581 U.S. ___, No. 16-405, the U.S. Supreme Court reversed the Montana Supreme Court and concluded that BNSF Railway was not subject to general jurisdiction in Montana to answer for...more
For nearly fifty years, the debate over “right-to-work” laws had largely been considered settled. The concept was popular in the south, where a number of states have had right-to-work-laws on the books since before the...more
As we wrap up another election cycle that has kept “fact checkers” working overtime analyzing the many dubious claims by candidates of all political persuasions, the Seventh Circuit has issued a decision that reminds us of...more
For the first time since 1998, the Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance on retaliation. Retaliation claims have been a growth industry over the last 18 years. Back in 1998...more