On March 18, 2020, President Donald Trump signed into law the “Families First Coronavirus Response Act” (H.R. 6021). This article will address the three (3) main provisions that will affect private businesses and their employees in Illinois and the US: the “Emergency Family and Medical Leave Expansion Act”, the “Emergency Paid Sick Leave Act”,...
Franchisor Liability in the Face of Misrepresentation
When considering franchise opportunities, due diligence is absolutely necessary prior to purchasing any franchise in order to protect yourself and your investment. What are your options when a franchisor misrepresents the estimated costs to operate a franchise in a disclosure document? Specific contract language for franchise liability...
Non-Compete Agreements and Non-Management Employees
A common question we are asked is whether employers may require non-management personnel to sign a non-compete agreement. The answer is yes, but there are limitations of which employers should be aware. To be enforceable in the State of Illinois, the agreement must (1) have adequate consideration, (2) be reasonably necessary to protect the...
Gender Identity and the Workplace
Gender identity is a protected class against discrimination under the Illinois Human Rights Act.[1] http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2266 The law protects employees against discrimination in all terms and conditions of employment, including hiring, selection, promotion, transfer, pay, tenure, discharge, and discipline. To...
Reporting Change of Address or Responsible Party with the IRS
Beginning with 2014, it is mandatory that businesses report changes in responsible parties to the IRS. For non-publicly traded entities, a responsible party is the person who has a level of control over, or entitlement to, the funds or assets in the entity that as a practical matter enables the individual, directly or indirectly, to control,...
A WOMAN’S RIGHT TO BIRTH CONTROL VS. RELIGIOUS RIGHTS
On June 30th, the U.S. Supreme Court ruled in favor of three family-owned businesses, with the majority of the court saying that businesses can refuse to pay for certain forms of contraception they find “morally repugnant.” At issue are four contraceptives known as abortifacients which are contraceptives that prevent ovum implantation or cause a...
Federal Involvement in Gay Marriage Rights
Recently the Obama administration, along with the Department of Labor, have proposed expanding the definition of spouse to allow legally married same-sex couples the same rights as heterosexual couples under the Family Medical Leave Act (FMLA) and Family Military Leave Act. This means that if same-sex couples were married in a state that has...
Starting a Business as a Non-Citizen, Part lll (Work Visas for USA)
This is the third installment of a series discussing the options for non-citizen business investors to obtain Work Visas in the USA. The following are a list of the least desirable visa options a non-citizen may apply for in order to work for the company that he or she built: Temporary Visas (Less than one year duration) B-1:The B-1 visa...
Starting a Business as a Non-Citizen, Part ll (Work Visas for USA)
This is the second installment of a series discussing the options for non-citizen business investors to obtain work visas for the USA. The following are a list of the most recommended visa options a non-citizen may apply for in order to work for the company he or she built: Temporary Visas (More than one year duration) E-2 (“Treaty Investor”):...
FMLA Benefits Now Must Be Provided to Employees with Same-Sex Spouses
By Christina Stoneburner on August 29, 2013 Posted in Family Medical Leave Act, Gay Marriage, General Employment Matters When the U.S. Supreme Court struck down the Defense of Marriage Act (“DOMA”) in U.S. v. Windsor, we advised that there would be sweeping implications to employers from everything from benefits enrollment to FMLA entitlements. ...