lllinois Chamber of Commerce HR Illinois Blog

Questions Answered…  The Uniformed Service Employment and Reemployment Rights Act (USERRA)

Q. What is USERRA?

A. The Uniformed Services Employment and Reemployment Rights Act protects the rights of those who leave employment to serve in the military. Returning veterans are entitled to the same status, seniority, pay, and other benefits they would have earned had their employment not been interrupted.

Q. Who is required to comply with USERRA?

A. All private employers, as well as all federal, state, and local government, regardless of the number of employees.

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By:  Jon D. Hoag, Wessels Sherman, P.C.

On December 19, 2009, President Obama signed legislation into law extending the eligibility date for the COBRA premium subsidy, which was originally established under the American Recovery and Reinvestment Act (ARRA).  Prior to this extension, only individuals who were involuntarily terminated and who lost coverage before December 31, 2009 were eligible to receive the 9-month COBRA subsidy.

Eligibility Period
The new law extends the eligibility for the COBRA subsidy for two (2) additional months, through February 28, 2010.  The law also clarifies that an individual only need qualify (e.g. be involuntarily terminated) on or before February 28, 2010.  That is, the requirement that the individual also become eligible for COBRA prior to the February 28, 2010 deadline has been eliminated.

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By:  Nancy E. Joerg, Esq., Senior Attorney and Shareholder, Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

Many companies who use independent contractors do not realize that under the Illinois Unemployment Insurance Act, there are many specific tests for various kinds of independent contractors.  [Even the Illinois Department of Employment Security (IDES) auditors who audit companies do not always themselves know all of the different tests for independent contractor status and exemptions from employment!]

It is essential that a company using independent contractors knows the specific test for their specific kind of independent contractors so that the company can gather the necessary proof to establish independent contractor status if they are ever audited by the IDES.
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The following is a list (not all inclusive) of some of the independent contractor tests under the Illinois Unemployment Insurance Act:
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Experience Works, the nation’s largest nonprofit training and employment organization for older workers, has named the 2009 Experience Works Champions for older workers in Illinois.  Experience Works provides job training to low-income older workers in Illinois through the Senior Community Service Program (SCSEP). 

 

The three Champion Award categories are: Experience Works Participant Champion, recognizing an older worker in Illinois who has overcome significant barriers to workplace success; Host Agency Champion, honoring a nonprofit agency or public entity that has provided on-the-job training opportunities to older workers; and Employer Champion, highlighting an employer’s dedication to hiring and retaining older workers.   

 

Illinois’ 2009 Experience Works Champions are:

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