Protecting Employers Since 1985
Regardless of whether it passes, the passage of the Amendment will not be a “Get Out of Jail Free Card” for Employers who are currently involved in BIPA Class Action Litigation (over 200 lawsuits that are currently pending). Of course, it, if passed, would have huge ramifications in minimizing further legal liability. WHAT EMPLOYERS SHOULD…
Read MoreAs of Wednesday, April 3, 2019, the Illinois House gave final passage to a bill that has already cleared the Illinois Senate that would clearly establish that only State Government, not Local Government (i.e, city, village, municipality, etcetera), would have the exclusive authority to enact laws governing what are known as Union Security Agreements. These…
Read MoreOn February 15, 2019, a proposed bill was introduced in the Illinois House by State Representative Ann M. Williams. This legislation is called the Restaurant Anti-Harassment Act. As of March 29, 2019, this bill is pending before the Rules Committee. What would the Restaurant Anti-Harassment Act REQUIRE? · Restaurants would be required to have an…
Read MoreIt remains an unfortunate, though persistent, stereotype in our society that women who advance in the workplace, especially those who do so rapidly and have a male superior, do so not by merit, but rather, because of a sexual relationship with their superior. In other words, they only obtained the position because they are “sleeping…
Read MoreROLE OF STATE LEGISLATURE: Surprising to many, state legislatures solely determine the legal test that is used in a particular state for evaluating whether a “worker” in question is an independent contractor or an employee (for purposes of obtaining state unemployment insurance benefits). LEGAL BATTLE OVER CLASSIFICATION: For many years, I have defended companies who…
Read MoreIn May 2016, the Department of Labor issued its controversial revisions to the white collar exemptions of the overtime regulations, more than doubling the minimum salary required for exemption; going from $455/wk. ($23,680/yr.) to $913/wk. ($47,476/yr.). A court in Texas subsequently found the rule invalid, and employers have been awaiting the Trump administration’s position on…
Read MoreIllinois Supreme Court’s Decision on Biometric Information Privacy Act Opens Door to More Litigation
The Illinois Biometric Information Privacy Act (“BIPA”) is yet another Illinois law drafted with ambiguities which beg, unfortunately, for litigation. Where a statute is drafted with holes of ambiguity, (and this one has many), it is up to the judiciary to fill those voids, and that, of course, means costly litigation. One ambiguity was recently…
Read MoreIllinois is a state where non-compete agreements can be enforceable if done with certain guiding concepts and wording. The following are the most common questions asked by Illinois clients who are considering the use of non-compete agreements: 1. Why does a non-compete agreement have to be “supported by consideration” even though both parties sign the…
Read MoreCertainly the beginning of the Legislative Session in the State of Illinois during calendar 2019 is attempting to move quickly on the campaign promises of J.B. Pritzker. As everyone will recall, the recently elected Governor’s campaign pledge to increase the state’s minimum wage has been fast-tracked with the passing, by the Illinois Senate of the…
Read MoreLast week we reported that a new Illinois Minimum Wage law is all but certain to pass before the end of February. A $15 per hour minimum wage bill was introduced and had the support of newly elected governor J.B. Pritzker. The Illinois General Assembly has now passed the bill. Governor Pritzker is expected to…
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