Is My Business Essential? With the new normal in the State of Illinois and the US, the more pertinent question is “will I be able to stay in business?” The short answer is a definite probably. On March 21, 2020 Governor JB Pritzker signed into law Executive Order No. 8 Stay at Home; Social Distancing Requirements; and Essential Business and...
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...
Paid Sick Leave Update
There are several new state, municipal and county paid sick leave laws in Illinois that will affect employers’ Paid Time Off policies and benefits. Some or all may apply to your business depending on where you do business or where you have employees working. The following is a brief description of the main points of each new law. ...
Misconduct Expanded in Recent Update of Unemployment Insurance Act
On December 4, 2015, House Bill 1285 was signed into law, codifying how the industry defined employee misconduct for purposes of unemployment insurance claims. With the new legislation, the question becomes whether the clarified misconduct violations will automatically bar a former employee from obtaining unemployment benefits. Prior to House...
Domestic Violence in the Workplace
Unfortunately it sometimes takes a tragedy such as the recent shooting of Nadia Ezaldein at Nordstrom store by her ex-boyfriend, Marcus Dee, to make us as business owners think about what we could have done to prevent this from happening in our place of business. Fortunately, the State of Illinois has 2 little known laws in place that can offer...
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...
Medical Marijuana in Illinois
On January 1, 2014, it became legal for patients with diseases or conditions currently specified by the Act to use marijuana for medical purposes. Under the Compassionate Use of Medical Cannabis Pilot Program Act, these patients must be registered with the Illinois Department of Public Health and may purchase up to 2.5 ounces of marijuana...
Firearm Concealed Carry Act – How can you as an Employer and Business protect yourself, your employees and customers?
The year 2014 brings many changes that affect not only the workplace but how you conduct business in Illinois. On July 9th, 2013, Illinois became the last state to allow individuals to carry concealed weapons. Although it became law in 2013, we are just now feeling the effects of its enactment. Over 23,000 people in Illinois have applied for...