Illinois Employers Face New Laws 2025
Guest Author: Kelsey Feucht, Associate Attorney with Bellas & Wachowski
Illinois small businesses need to get up to speed on a variety of state legislation – particularly employment laws – which became effective on January 1.
Rarely does something that is forced affect a lasting difference, much less result in an improved circumstance. That said, as I considered another flip of the calendar, I decided to at least partially break my own rule and to offer what I will call a few suggestions that just might make for a better business new year.
Resolution #1: Update your corporate minute book. For many businesses, particularly closely held ones, the corporate formalities tend to get relegated to the “we’ll get to it” pile. In the new year you might consider updating your corporate minutes. Hold the meetings that the operating agreement or by-laws require. Make the disclosures to the members or shareholders. Document the company resolutions put into effect last year. Review, update and memorialize your policies. Lawsuits have been decided based on what company put in writing – or failed to write down.
Resolution #2: Review your contracts. For reasons lost on me, people often will sign a contract and never look at it again. This is unfortunate. Contracts spell out how a business relationship is to function, including the parties’ respective rights and obligations. What frequently happens is that the business conducted in real time diverges from what was planned and intended. Periodically reviewing your contracts can help to ensure that your transactions or relationships work as planned; such reviews also can help to avoid problems before they turn into a source of conflict and added expense.
Corporate Transparency Act Updates
WHO’S ON FIRST?
ANOTHER UPDATE ON THE CORPORATE TRANSPARENCY ACT
Nationwide Injunction Halts CTA
FinCEN Suspends Enforcement
The Corporate Transparency Act (CTA), enacted as part of the Anti-Money Laundering Act of 2020, has faced significant constitutional challenges, culminating in a nationwide injunction. As a result, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) has suspended enforcement of the CTA’s reporting requirements, providing temporary relief to affected businesses.
Wire Tapping vs. Browser Tracking?
Software like Meta Pixel and Google Analytics that website operators use to track what sites a person visits, or what footprint they leave on those sites, is not subject to the same restrictions as wiretapping a phone line, according to a split decision from the Supreme Judicial Court of Massachusetts, in a case brought against two hospitals.
The court in Vita v. New England Baptist Hospital, et al (SJC-13542), ruled that wiretapping and browser tracking are categorically different pursuits, in its eyes, unless the state legislature decides otherwise. “If the Legislature intends for the Wiretap Act’s criminal and civil penalties to prohibit the tracking of a person’s browsing of, and interaction with, published information on websites, it must say so expressly,” wrote Associate Judge Scott Kafker in the opinion.
Holiday Business Parties
With the holiday season in full swing, workplaces often become the site of parties, gift exchanges, and other festive activities. These activities foster camaraderie among coworkers and allow teams to celebrate their accomplishments. Unfortunately, though, they can also sometimes lead to inappropriate behavior, including sexual harassment, which may lead to problems for the unweary business owner.
Employers can take proactive steps to ensure everyone feels safe and respected during these events. Here are five suggestions to creating a safe and positive environment for holiday celebrations.
Corporate Transparency Act
In a significant development, a Texas federal district court has issued a nationwide injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA). This decision, handed down on December 3 in Texas Top Cop Shop, Inc. v. Merrick Garland (Case No. 4:24-cv-478), deems the CTA and its implementing rules likely unconstitutional.
Conditional Gifts?
A recent decision by the Massachusetts Supreme Judicial Court has sparked interest across legal circles. In a case centered around a $70,000 engagement ring, the court ruled that an engagement ring must be returned to the purchaser if the marriage does not take place, regardless of who may have been at fault. This ruling aligns Massachusetts with the majority of jurisdictions, where an engagement ring is considered a conditional gift—given with the expectation of marriage and thus, contingent upon the marriage actually happening.
While Illinois follows similar principles, this ruling offers a chance to examine how Illinois contract law views the conditional nature of engagement gifts and what factors courts might consider in similar cases.
Corporate Transparency Act
This is big reminder for every small business owner.
Under U.S. Corporate Transparency Act (CTA), most corporations, limited liabilty companies and other legal entities, including homeowners’ associations (HOAs), condominium associations, and co-op associations, are required to file Beneficial Ownership Information (BOI) with the U.S. Financial Crimes Enforcement Network (FinCEN) by no later than January 1, 2025. Every U.S. business must register and file this report.
Neural Data: What Illinois Business Owners Need to Know
California enacted an Amendment to the California Consumer Privacy Act (CCPA) that adds neural data to the list of protected personal sensitive information. For Illinois business owners—especially those conducting business in California or utilizing neurotechnology—this development is worth understanding, as it marks another step in the expanding landscape of data privacy laws. Neural data, often collected through non-invasive neurotechnology tools, is now considered sensitive and will be protected under the same stringent requirements as other personal information like genetic, biometric, and geolocation data.
What is Neural Data and Why is it Important?
