Legal News for Illinois Employers
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Contact Walter in our Chicago office at (312) 629-9300 or by
email
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Illinois Legislature Fast-Tracks Minimum Wage
By Walter J. Liszka, Esq.
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Certainly 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 “Lifting Up Illinois Working Family’s Act” and sending the bill to the State House of Representatives. The Illinois House of Representatives passed the bill on Valentine’s Day, February 14, 2019, by a vote of 69-47-1. The bill was signed with extensive media coverage by Governor Pritzker on February 19, 2019.
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Twelve Commonly Asked Questions about Non-Compete Agreements in Illinois
By Nancy E.
Joerg
, Esq.
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Illinois 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:
- Why does a non-compete agreement have to be “supported by consideration” even though both parties sign the agreement. Isn’t freedom of contract enough?
Answer:
No, it is not enough that each party (the employer and the employee) voluntarily sign the non-compete agreement. To be enforceable in Illinois, a non-compete agreement must be supported by some kind of valuable consideration such as money, a laptop computer, employment for a substantial period of time, etc.
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Questions?
Contact Nancy in our St. Charles, office at (630) 377-1554 or by
email
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Contact Jennifer in our St. Charles office at (630) 377-1554 or by
email
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Illinois Supreme Court's Decision on Biometric Information Privacy Act Opens Doors to More Litigation
By Jennifer Adams Murphy, Esq.
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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 clarified by the Illinois Supreme Court in
Rosenbach v. Six Flags Entertainment Corporation. 2019 IL 123186.
Rosenbach is bad news for employers.
The Illinois Supreme Court agreed to review the
Rosenbach case to address the issue of whether a 14 year old who had his biometric information captured at Six Flags amusement park without a signed consent, was "aggrieved" such as to have standing to sue under BIPA. The plaintiff in
Rosenbach had suffered no actual damage meaning that there was no allegation of the sale or transfer of his biometric data to a third party.
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Attorney Joseph Laverty Spoke at 2019 Mid-West Truckers Association’s Annual Convention
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Wessels Sherman Shareholder Joseph Laverty spoke at the Mid-West Truckers Association’s Annual Convention at the Peoria Civic Center in Peoria, Illinois on Friday, February 1, 2019. Joe’s presentation was titled: "Key Employment Law Issues Affecting Truck Operators."
Joe was honored to speak to the members of the Mid-West Truckers Association at their yearly premier event
. Joe’s presentation focused on the many wage and hour changes taking place in the trucking industry as well as
best practices for hiring/disciplining/firing
. Joe’s presentation also focused on preventing harassment claims and best practices in trying to win unemployment hearings. The attendees had many great questions, and it was a very productive session.
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Contact Joe in our Davenport office at (563) 333-9102 or by
email
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For only $75 a month you will have unlimited access to Wessels Sherman attorneys who can answer these and other employment law questions. Call for a "free trial" of a month or more!
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Employment Law Questions?
Sign up for Wessels Sherman's Very Popular Telephone Program
We can help you solve these workplace issues and many more:
- Employee coming in late?
- ACA/ADA/FMLA questions?
- Can I deduct the cost for a uniform from employee pay?
- What new employee paperwork do I need?
- Accident at work?
- Do all these new laws apply to my company?
- Can I fire an employee and not be sued?
- Does our privacy policy cover internet use?
- Can my employees Tweet that?
- Employees sharing confidential information?
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Everything Illinois Employers Need To Know About Terminations! And How To Protect The Company!
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Join Attorneys Richard Wessels, Nancy Joerg, Joe Laverty and Tony Caruso for our popular half day breakfast seminar!
In a lovely setting, learn about employment at will in Illinois; how to terminate employees on medical leave; how to document misconduct; and the use of settlement and release agreements.
More details and registration
information coming soon!
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Wednesday, October 23, 2019
8:00 a.m. to Noon
At the beautiful and historic Dunham Woods Riding Club, Wayne, Illinois
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How to Handle Employees with Medical issues to Protect Your Company!
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When: Thursday, April 18, 2019, 2-3 pm
Clients worry how to respond when employees have medical issues which interfere with their job performance. What are the best practices employers should use? How can the Company protect itself?
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What Should (and Should Not) be in an Independent Contractor Agreement
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When: Thursday, June 20, 2019, 2-3pm
A lot of money (and disruptions to your operations) can be at stake in legal challenges to independent contractor status! Learn more about the best ways to lower your liability in using independent contractors.
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How to Use Severance & Release Agreements When Firing an Employee
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When: Thursday, September 12, 2019, 2-3 pm
If a company is planning on terminating an employee whom the company feels may be litigious or may be a high-risk termination, then the company may want the employee to sign a severance and release agreement. Giving an employee severance in exchange for the employee signing a release of all claims is a way a company can help avoid potential litigation.
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Employee Handbooks for Illinois Employers. What Policies to Include (and Why)!
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When: Thursday, November 14, 2019, 2-3pm
Have you ever wondered if your employee handbook is really up to date and complete? Are you in the process of re-writing your handbook and you're not sure what you should, or should not, include? Join us to learn the true purpose of a handbook; Illinois specific language to use; what policies to leave out; how to treat employee benefits; and what handbooks should say about performance reviews and salary.
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Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Minnesota, Wisconsin, and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.
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