HolmstromKennedy

By: Maryjo F. Pirages Reynolds Employer-sponsored events, including but not limited to holiday parties, generate liability risks for employers. Often alcohol is served at such events and employers will likely be exposed to liability for the actions of employees during or after such events. In general, under the Illinois Dramshop Act, employers are classified as social hosts […]

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November 26th, 2013

Posted In: Employment & Labor

By: Maryjo F. Pirages Reynolds The Patient Protection and Affordable Care Act, more commonly known as “Obamacare”, added a section to the Fair Labor Standards Act that, beginning October 1, 2013, will require employers to provide employees with special notice of health insurance coverage options. What does this mean for employers? It means employers need […]

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November 26th, 2013

Posted In: Employment & Labor

By: Alexander J. Mezny Illinois recently amended the Employee Classification Act. The Act is designed to discourage employers from classifying individuals as independent contractors to avoid certain employer-related responsibilities, such as employment taxes, workers’ compensation insurance, unemployment insurance, and overtime pay. Under the amendments, agents or officers of a corporation who knowingly permit such violations may […]

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November 26th, 2013

Posted In: Employment & Labor

By: Maryjo F. Pirages Reynolds Illinois recently passed the Compassionate Use of Medical Cannabis Pilot Program Act. The Act contains several employment provisions, which should trump the Illinois Right to Privacy Act’s more general prohibition of discrimination on the basis of an employee’s off duty use of lawful products. Under current federal law, employers are not […]

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November 26th, 2013

Posted In: Employment & Labor

By: Roberta L. Holzwarth Reassignment by an employer has long been recognized as a reasonable accommodation for a disabled employee as long as the employee is qualified for the position, the position is vacant, and the reassignment does not place an undue burden on the employer. Prior to September 2012, the Seventh Circuit, which has jurisdiction […]

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November 26th, 2013

Posted In: Employment & Labor

By: Maryjo F. Pirages Reynolds Last month the Illinois legislature passed the Firearm Concealed Carry Act, P.A. 098-0063. Under the new law, individuals who have a valid FOID card, satisfy various background requirements, and complete training may be licensed to carry concealed firearms in areas other than “prohibited locations”. Prohibited locations include schools, government buildings, hospitals, […]

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November 26th, 2013

Posted In: Employment & Labor

By: Roberta L. Holzwarth Recently the U.S. Department of Treasury and the Internal Revenue Service decided that they will determine the marital status of same-sex couples using what is known as the “state of celebration” rule. Under this rule, if a couple is legally married in a state that recognizes the marriage, the couple will be […]

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November 26th, 2013

Posted In: Employment & Labor

By: Alexander J. Mezny In Illinois, a post-employment restrictive covenant which prohibits a former employee from competing or soliciting customers must satisfy three requirements: (1) it must be ancillary to a valid contract or relationship; (2) the length of time the restriction applies must be reasonable, as must the provision’s geographical reach and the limitations […]

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November 26th, 2013

Posted In: Privacy, Security & Information Technology