COVID-19 UPDATE from Bellas & Wachowski

Articles Posted in Small Business

Chicago Business Lawyer

The Dangers of Payroll Tax Deferment

As part of a series of executive actions rolled out in early August, President Trump ordered Treasury Secretary Steven Mnuchin to allow the deferral of the 6.2% payroll tax on employees from Sept. 1 through Dec. 31 for workers making less than about $104,000 on an annualized basis.  The plan was brought forth by the White House after it became clear that Congress did not plan to play ball with the President and pass an actual payroll tax cut.

After a hard look at the plan, it is obvious that small business owners should not be tempted by President Trump’s offer to defer paying some employee payroll taxes until next year.    Established through a non-binding Presidential Memorandum, this offer does *not* constitute a tax cut. 

Chicago Small Business Lawyer

The Key to Surviving as a Small Business

How can your business – and you – survive the COVID-19 pandemic?

It’s a tall order.   But small business owners have means of surviving.   The corollary shutdowns have impacted 20% of small businesses, according to the U.S. Chamber of Commerce, and restrictions have affected a far greater number. A study by the University of Illinois, University of Chicago and Harvard University and its business school estimates more than 100,000 small businesses are permanently shuttered. Not a surprise since many small firms don’t generally have more than a few months’ cash reserve.

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Entrepreneurial Business Concepts 

Companies like GE, Disney and HP got their start during the Great Depression, while Airbnb, Uber, Slack and Venmo launched in cyberspace during the Great Recession.   Taboola’s analysis of more than 8 billion page views, along with data from the aggregated readership among 1,000 of its publisher partners, collected in March and April, shows several promising growth markets, as Singolda noted in an article published on CNBC.com.

Creating the next great videoconferencing platform is an idea that’s probably already taken, but the Taboola analysis of search engine terms revealed others:

downloadThe Supreme Court decided two years ago in Carpenter v. United States that the Fourth Amendment requires police to obtain a warrant, in most circumstances, to access GPS location information spanning seven days or more from a cell phone user.   Prior to that decision, the court had held that voluntarily providing this information to third parties like technology companies did not have Fourth Amendment protections and thus litigants did not have any reasonable expectation of privacy.

Although the court majority labeled the decision “narrow,” it nonetheless led to questions about where else Fourth Amendment protections might be applied in future decisions related to various forms of technology. Dissenting Justice Samuel Alito predicted the decision “guarantees a blizzard of litigation.”

While Justice Alito was correct that some new cases have come forward, but for the most part lower courts have followed the contours of the Carpenter decision when asked whether users can be granted Fourth Amendment protection for such non-content data as financial and billing records, IP addresses, subscriber records, and lists of devices that accessed a wireless network.   Most recently, in June, the First Circuit Court of Appeals overturned a lower court ruling granting Fourth Amendment protection to eight months’ worth of video feed recorded by a pole camera, labeling this a “conventional surveillance technique” and thus not analogous to collection of cell-site location data.

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Health and Safety Regulations

On June 24, Virginia became the first state in the country to implement workplace health and safety rules to protect workers from coronavirus infections. Could Illinois be next?   Whatever happens, these actions should serve as an example of what every  business should do.   

Virginia’s health and safety board agreed to create finalized rules after the state’s Department of Labor and Industry drafted an emergency temporary standard in late May. The office of Governor Ralph Northam said the idea arose because the federal Occupational Safety and Health Administration (OSHA) has received more than 4,000 complaints related to coronavirus but only issued one citation, according to the Washington Post.

Chicago Business Lawyer George Bellas answers questions for business owners.
Updated August 9.

The Chicago area and Illinois business owners are facing a number of challenges and the CoronaVirus pandemic is threatening the continued viability of their business.   Here are some of the more frequently questions asked by business owners.

  • Paycheck Protection Program Forgiveness

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Small Businesses Reopening

As of today June 26, Illinois has reached Stage 4 of coronavirus reopening, which allows essentially all types of businesses to reopen provided they observe public health safety guidance and capacity limits, with no more than 50 people allowed in one place.

What does this mean for businesses, and how can they protect themselves—and their employees and customers—medically, financially and legally?

D07714B9-62C2-4CD4-9E64-620ACBE27095-300x251How 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 late May in Dallas County, Iowa. The plaintiff is a former county jail employee who called a hotline set up by the Department of Corrections after a co-worker who tested positive for COVID-19 was allowed to resume work due to being asymptomatic.

The sheriff’s office ultimately decided that the infected employee would not return, but the sheriff allegedly grew furious after hearing of the hotline call, according to the lawsuit, which says he viewed the plaintiff as disloyal and disrespectful of the chain of command.

Chicago Business Lawyer George Bellas answers questions for business owners.

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 on businesses, previously shuttered retailers, restaurants and others have another concern that could hold them back from reopening just as surely: whether and to what extent they can be held legally liable for employees or customers who contract coronavirus.

As Chicago area business litigation lawyers this is a question we frequently are asked.

E-Signatures in Illinois

Electronic Signatures are Enforceable under Illinois Laws. 

E-Signatures are permissible and valid in Illinois under the Illinois Electronic Commerce Security Act (the ECSA).