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December 28, 2016
New Illinois Laws for 2017 The following are some of the new laws passed by the Illinois legislation and signed into law for 2017. HB 5913 – Requires licensed plumbers to complete 4 hours of continuing education each year HB 4562 – Amends the Illinois Human Rights Act to increase […]
June 6, 2015
Good Exculpation Clauses Can Limit Your Liability If you rely on exculpation clauses to protect your business from liability, better make sure they are written correctly. Recently, the Illinois Appellate Court was faced with a case where the Plaintiff, while working out with hand weights at a fitness club, was […]
June 4, 2015
“Perpetual” Contracts May Actually Be Terminable “At Will” Be careful how your “perpetual” contracts are written or they could really be terminable “at-will.” The general rule in Illinois is that a contract “without a fixed duration” that does not clearly lay out an event that ends the business relationship—in other […]
June 2, 2015
Wake-up Call to Employers About Unemployment Laws A recent Illinois appellate court case reemphasises what employers need to do to oppose an unemployment claim. An employee was found by his supervisor asleep on duty as a security guard at O’Hare airport. The employer terminated the employee and the employee filed […]
June 1, 2015
Not All Debts Are Dischargeable in Bankruptcy A debtor may not be able to discharge debts incurred through its agent’s fraud. The Federal Court for the Northern District recently reiterated that not all debts are dischargeable in bankruptcy. It has long been true that debts procured by way of fraud are barred […]
February 11, 2015
Tenancy by the Entirety Available to Trusts You can still have the protection of tenancy by the entirety even if your home is in a trust. Illinois allows spouses to hold their primary residence by what is called “tenancy by the entirety.” Like joint tenancy, tenancy by the entirety allows […]
February 11, 2015
Illinois Changes the Statutory Power of Attorney for Healthcare The Illinois legislature changed the form Power of Attorney for Healthcare. Effective January 1, 2015, the Short Form Power of Attorney for healthcare has been changed. Among the changes in the law are that no health care provider may act as […]
February 10, 2015
The Latest Chapter on the Enforceability of Non-Compete Agreements in Illinois New Illinois cases further muddy the waters for enforcement of non-compete agreements. Last year we told you about the case of Fifield v. Premier Dealer Servs., Inc., 993 N.E.2d 938 (Ill. App. Ct. 1st Dist.2013), in which the Illinois Appellate Court for the First District held that, absent other adequate consideration, an at-will employee’s […]
February 10, 2015
New Illinois statute protects pregnant women and new mothers form workplace discrimination. Effective January 1, 2015, pregnant women and new mothers have sweeping news protections from discrimination in hiring and in the workplace. In a major shift, the Pregnancy Fairness Law (“Act”), 775 ILCS 5/1-103(L-5), amends the Illinois Human Rights Act […]
November 25, 2014
New Penalties for Wage-and-Hour Violations Additional penalties for employers who fail to comply with wage payment requirements. A new Illinois law increases the fee amounts for employers ordered to pay unpaid wages to employees. See Pub. Act 098-0527 (eff. Jan. 1, 2014) (amending 820 ILCS 115/14). The Illinois Wage Payment and […]
November 25, 2014
Employers Cannot Ask About Criminal History on Job Applications Starting January 2015, a new Illinois law will prohibit criminal history questions on job applications. Beginning in January, employers of 15 or more employees won’t be allowed to require prospective employees to disclose their criminal history on a job application. The “Job Opportunities […]
November 25, 2014
U.S. Department of Labor Reclassifying Interns as Employees If you are using “interns,” they may be reclassified as “employees.” Beware the U.S. Department of Labor is investigating and prosecuting small businesses, and David Letterman, for failing to pay minimum wage and overtime to interns. There are some circumstances under which […]
November 25, 2014
Seventh Circuit Invalidates Franchise Arbitration Provision One-sided arbitration provisions may now be unenforceable in Illinois. It is commonplace for franchise agreements to contain a dispute resolution provision requiring a franchisee to pursue claims against a franchisor through the use of private binding arbitration, as opposed to the judicial court system. However, the […]
November 25, 2013
Charles G. Wentworth in the News Charles Wentworth was recently quoted discussing start-ups, non-compete agreements, ERISA, and art law. Lofgren & Wentworth, P.C. attorney Charles Wentworth was interviewed by the Daily Herald’s business columnist and blogger, Jim Kendall. The article dealt with entrepreneurship and the potential pitfalls of starting a new business, […]
September 19, 2013
Illinois’ First Appellate District appears to change the rules for non-compete agreements. Small businesses routinely use non-compete agreements to lock down key employees and keep them from competing against their employers later on. When drafted and executed properly, those agreements can be very useful tools for protecting your company’s client […]