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Articles Posted in Employment law

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‘Independent Contractor’ Might Be a Trojan Horse

Independent Contractors A recent Illinois Court of Appeals decision in an Illinois Wage Claim Act case puts a magnifying glass on the sticky wicket employers can find themselves when they are unable to pay an outside contractor, at least under certain circumstances. The decision in O’Malley v. Udo, 2022 IL…

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You Might Need to Rework Your Non-Competes

Illinois Freedom to Work Act  Illinois Employers who want to protect their business and trade secrets by using restrictive employment contracts will find new hoops to jump through.   The enforcement of non-compete and non-solicit agreements, designed to erect roadblocks to prevent former employees from gaining an unfair advantage due to…

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Tea Leaves Starting to Sprout for COVID’s Impact on Employment Law

How concerned should small businesses be about wrongful discharge lawsuits from plaintiffs terminated after alleging publicly that their employer did not follow health and safety guidelines to combat the spread of COVID-19? The first clues may emerge from one of the first employment lawsuits related to the pandemic, filed in…

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Could Reopening Businesses Be Held Liable for COVID-19 Infections?

CoronaVirus FAQs Business owners are anxious to reopen their doors and revive their sales.  But there are concerns that the proper precautions be taken to protect their employees and customers, at a time when no treatment or vaccine for COVID-19 appears imminent. As governors and mayors begin to ease restrictions…

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Expansion of Unemployment Under the CARES Act

By Jillian Tattersall, Chicago Employment Lawyer & Guest Blogger Pandemic Unemployment Assistance (PUA) was created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. The United States Department of Labor has provided the following useful succinct summary of Pandemic Unemployment Assistance: Unemployment Benefits under CARES Act “Pandemic…

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After Health… Businesses Must Consider Legal & Economic Impacts of COVID-19

Did someone say force majeure? COVID-19 Pandemic and Force Majeure clauses According to Black’s Law Dictionary, force majeure is defined as “An event or effect that can be neither anticipated nor controlled.”   It is generally viewed as an unexpected event that prevents someone from doing or completing something that he…

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#MeToo Could Affect Your Business, Too, Unless You’re Careful

As Harvey Weinstein rape trial moves forward, has your Chicago area business kept up with the increased awareness of sexual harassment and moved forward with adequate policy and cultural safeguards to ensure that you’re not the next target of the #MeToo movement? #MeToo Movement is changing business environment protections.   A…

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Chicago Area Employers Should Review Their Payroll as the Overtime “Exempt” Salary Threshold Went Up on January 1

FLSA Changes Protecting Chicago Area Business Owners. The threshold for white-collar employees to be classifiable as “exempt” rose about 50% to $684 per week (about $35,568 per year) on January 1, 2020. Employers will need to make adjustments to ensure they’re compliant with this updated rule, under the Fair Labor…

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Illinois Freedom to Work Act – Another Problem for Employers

The Illinois Freedom to Work Act, which prevents non-governmental employers from requiring that low-wage employees enter into non-compete agreements, has begun to impact case law in the past three years since it was enacted. Employers would be wise to take note. Chicago Business Lawyers The act, which defines “low-wage employees”…

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Should Gun Carrying Customers Be Welcomed – or Banned?

Can a business ban guns from the business and workplace? If a customer walked into your retail business or professional office carrying a gun, would you be comfortable with that, or would it feel a little too much like the O.K. Corral? What if they were carrying their weapon openly?…

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