Chicago Business Attorney BlogBy Misty J. Cygan, Attorney at Law
Aileron is a trained emotional support dog.
Business owners and their customers are perfectly used to service dogs who assist people with disabilities in getting around and performing daily tasks.
Articles Posted in Employment law
What’s with the Proposed Tipping Rule Change?
A proposed federal rule change that would allow owners of restaurants, bars and other businesses whose employees receive tips to distribute those gratuities as they see fit would add flexibility for employers—but might raise questions in the minds of customers.
Those who agree with the Mr. Pink character from “Reservoir Dogs,” who famously refused on principle to tip a diner waitress in the movie’s opening scene, would have a whole new set of arguments to make about which jobs society deems to be tip-worthy.
Currently, a 2011 Obama-era Department of Labor rule mandates that tipped workers get to keep the 15 percent or 20 percent that’s added to the credit card receipt or stacked under the salt shaker. The rule change would allow management to pool these tips and spread the wealth more evenly, including traditionally non-tipped staffers like dishwashers and cooks.
Holiday Cheer Could Lead to a Harassment Hangover
It’s the holiday season: time for small businesses to plan their annual parties and give employees a chance to celebrate, unwind and get to know one another better, right?
The correct answer is yes, but. But you need to make sure that employees understand they are still at a work-related function and certain behavior remains out of bounds. But if you are planning to serve alcohol, employees need to comprehend that’s no excuse for being sloppy drunk and obnoxious.
But if they are over-served, employees need to know that’s no excuse for sexual harassment–nor, in the age of #metoo, is anything else. It’s not only morally and ethically wrong but can result in a legally problematic morning after for not only the perpetrator but also your business.
Can Student Loans Ever Be Discharged?
Can Student Loans Ever Be Discharged?
Yes, and there’s a new tool to help bankruptcy lawyers deter
mine whether clients qualify
Contrary to common perception, not all student loans can be wiped out in bankruptcy court. Although the Bankruptcy Code does protect federal loans and some private loans from discharge, student loans can be discharged if the debtor can prove an “undue hardship,” which usually means you’re living in poverty and not likely to escape any time soon.
CYBER-SECURITY- A VITAL PRECAUTION
CYBER-SECURITY–A VITAL PRECAUTION
It is time for businesses to give cyber-crime protection high priority; the sooner the better. The mounting numbers of cyber-attacks on businesses are a serious threat to every sort of commercial enterprise. Cyber intrusions have become really dangerous, sophisticated, and commonplace.
Businesses are attacked (whether they know it or not) on an average of 16,856 times a year, according to statistics compiled by IBM. That’s 46 attacks every business must deal with every day — or nearly two attacks an hour. Most of these–the vast majority of them–never get past a business’s firewall. But on average, about 1.7 attacks get through.
Are Illinois Non-Compete Agreements Still Valid for Low-Level Employees?
Are Employee Non-Compete Agreements Still Valid for Low-Level Employees? 
Non-compete arguments are staple in every Chicago Business Lawyer’s legal arsenal and a necessary to protect a business under certain circumstances. A non-compete agreement, also known as a non-competition covenant or clause, is an agreement between an employer and an employee that places restrictions on the employee after the employment relationship ends. Non-compete agreements can be useful tools for businesses that want to protect their investment in the training and development of their staff. Typically, these agreements restrict former employees from working for certain competitors for a specified period of time. Although Illinois courts tend to dislike non-competes, courts will enforce a non-compete agreement if drafted property.
When considering the enforceability of non-compete agreements, Illinois courts look to see if the agreement is reasonable and supported by adequate consideration. In particular, when determining the reasonableness of a non-compete, the court considers whether the terms of the agreement are no more than what is required to protect the legitimate business interest of the employer, and narrowly tailored in terms of time, activity and place.
Blockchain and Chicago Businesses
Blockchain and Chicago Businesses
In September of 2015, the Global Agenda Council on the Future of Software and Society’s World Economic Forum[1] predicted that by 2025, 10% of GDP will be stored on blockchains or blockchain related technology. If you are a Chicago business owner and you are unsure what that means or how it might affect your company, you want to speak to a Chicago business attorney as soon as possible to learn all that you can about this rapidly growing technology.
What Is Blockchain Technology?
Dental Offices Must Comply With New Overtime Regulations
Dentists face new problems with overtime for their employees. The Fair Labor Standards Act[1] (FLSA) sets forth standards for both minimum wages and overtime pay as well as record keeping for businesses. Whether your dental practice consists of two employees or a hundred employees spread across three office locations, federal law requires that all dental offices comply with FLSA overtime regulations by December 1, 2016.
Exempt Versus Non-Exempt Employees
In order to determine if you are in compliance with FLSA regulations, the first step is to review which employees are designated as exempt, and not owed overtime wages, versus non-exempt. FLSA rules establish three types of exempt employees[2] which are defined by an individual’s employment description rather than their job title including: