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Articles Posted in Employment law

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Non-Competes Now a Nonstarter

Non-Competes Now a Nonstarter This is really big news! Businesses that have entered into non-compete agreements with current or recently departed employees will need to come up with other ways of achieving the investment-protecting goals those non-competes were designed to accomplish. That’s because the Federal Trade Commission has issued a…

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Employee or Freelancer? New Rules for Independent Contractors

Employee or Freelancer? Is a person who works for your business financially dependent on you, or can they potentially independently profit based on their skill set? Will they be part of your company indefinitely? Do they perform a central, daily, integral role? Do you dictate when, where and how they…

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Chicago Employers Required to Give 10 Days Paid Leave—Starting in Six Weeks

Starting on January 1, 2024, most employers in the will be required to provide five days of paid leave for any reason. Thanks to an City Council ordinance passed earlier this month by a 36-12 vote, Chicago employers will have to double that amount, including five sick days and five…

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Employer Paying for Employees’ Transit Costs?

Transit Benefits Required for Illinois Employers Another wrinkle for employers in the Chicago area. Businesses located in the six-county Chicago area near public transit routes operated by the Regional Transportation Authority (RTA) that have at least 50 employees will be required as of Jan. 1, 2024, to provide their full-time…

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Illinois now requires Long-Term Temps to be paid like Employees

Long-Term Temps to be Paid Like Employees Both Illinois employers that contract with temporary labor service agencies, and those agencies themselves that do business in the state, should review staffing contracts and ensure compliance with relevant policies and procedures under amendments to the Illinois Day and Temporary Labor Services Act…

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How Does Supreme Court Ruling on ‘Religious Reasons’ Impact Small Businesses?

Supreme Court Ruling on Religious Reasons Small businesses and other employers are likely to find it more difficult to refuse requests for religious accommodations after the U.S. Supreme Court’s ruling in a recent case, Groff v. DeJoy, which concerned a postal worker who unsuccessfully requested to be off-the-clock every Sunday—when…

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NLRB Rules Most Employee Non-Competes Unenforceable

Are Non-Competes Really Enforceable? Most non-compete agreements between employers and employees violate the National Labor Relations Act, according to a May 30 memo from Jennifer A. Abruzzo, general counsel for the National Labor Relations Board.  Such agreements, which bar employees from taking certain types of positions or running certain types…

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Can You Keep a (Trade) Secret?

Can You Keep a Secret? At the federal level, the Defend Trade Secrets Act of 2016 created a pathway for civil action due to misappropriation of trade secrets; federal courts also can rule on criminal trade secret actions based on the Economic Espionage Act of 1996. The UTSA defines a…

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On the Seventh Day, Employers Must Allow Rest

Illinois Amends One Day in Seven Rest Act The new year will bring with it activation dates for new or amended state legislation that passed earlier this year, some of which will have an impact on small business owners and their employees. One significant change that employers should know about…

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What Would the ‘Workers’ Rights Amendment’ Mean for Your Business?

What Would It Mean for Your Business? Illinois voters will have the opportunity on Election Day, November 8, to vote “yea” or “nay” on an amendment to the state constitution that would protect workers’ rights to collectively bargain, while prohibiting state legislators from making Illinois a “right to work” state,…

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