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Articles Posted in Chicago Business Litigation Lawyer

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Corporate Transparency Act struck down as unconstitutional

Corporate Transparency Act While Congress might have had worthwhile purposes in passing the Corporate Transparency Act, a section of the 2021 National Defense Authorization Act, it’s nonetheless unconstitutional, according to a federal judge’s summary judgment ruling in an Alabama case brought by the National Small Business Association (NSBA). The Act…

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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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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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Looking ahead to 2023

2023 Business Outlook 2022 started out with the hope of a recovery from the pandemic but ended with a recession.  With the advent of 2023 we are left to ponder on what is ahead for businesses in 2023. It’s the Recession, Stupid:   The war in Ukraine has affected the world…

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Buyer of Nontraditional Legal Services Beware

Buyer of Nontraditional Legal Services, Beware All kinds of business forms are offered online, and many of them for free.  Stand-alone paralegal services are offering various sorts of assistance to small businesses for significantly less than lawyers generally charge.  Accounting and bookkeeping services that organize businesses are increasingly positioning themselves…

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How Often—and How—Do Family Businesses Survive Transition?

How Do Family Businesses Survive Transition? The Cornell University Smith Family Business Initiative says that more than three-quarters (77%) of small businesses rest on significant family involvement. Family Enterprise USA has counted 5.5 million family businesses in the U.S., finding that they contribute 57% of the U.S. GDP, employ 63%…

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If the Alex Jones Text Fiasco was in Illinois?

  Texts can be held against you in court. Alex Jones lawyers (perhaps inadvertently) turned 2-years of texts to the lawyers for the Sandy Hook families. What would be the repercussions for the disclosure if the trial were in Illinois? The parents of a 6-year-old child that was killed in…

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