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So far Lexern has created 71 blog entries.

Can You Be Fired for Social Media Comments or Blogging?

By |2020-02-12T14:59:53-06:00June 18th, 2015|Business Law, General|

In many instances, yes, you can be fired for social media comments or blogging! If you have a Facebook or Mypage, or like to comment on someone else’s blog post, be careful what you write.  If your employer finds that your post or comments are offensive, disparaging, or disclose proprietary business information, you may be [...]

Job Opportunities for Qualified Applicants Act

By |2021-01-28T21:09:26-06:00April 28th, 2015|Business Law, Illinois State Law|

Timing of Employers’ Criminal Inquiries and Background Checks An Illinois legislature has recently adopted the Job Opportunities For Qualified Applicants Act (the “Job Opportunities Act”).  Effective January 1, 2015, the Job Opportunities Act prohibits certain employers from inquiring into or considering a job applicant’s criminal history or background prior to considering such applicant’s qualifications. The [...]

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New Pregnancy Accommodation Act

By |2021-01-28T21:09:11-06:00March 6th, 2015|Blog, Business Law|

Last year, Governor Quinn signed into law a new Pregnancy Accommodation Act, or the Illinois Pregnancy Accommodation Amendments (the “Pregnancy Fairness Act”). Effective January 1, 2015, the Pregnancy Fairness Act states that Illinois employers are required to provide reasonable accommodations to pregnant women, during and after pregnancy.  The new law applies to full and part-time employees. [...]

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Attorney-Client Privileged Communications – Subject-Matter Waiver

By |2020-11-11T16:07:37-06:00February 6th, 2015|Blog|

Center Partners, Ltd. v. Growth Head GP, LLC, Nos. 113107 & 113128 Cons. , 1st Dist. This case presents an attorney-client privileged communication question as to whether a trial court properly required defendants to produce all attorney-client communications pertaining to negotiations for purchasing company under circumstances where defendants had acknowledged sharing among each other legal [...]

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Chicago Minimum Wage to Rise to $13 by 2019

By |2015-07-29T15:31:30-05:00February 6th, 2015|Business Law, Compensation|

While politicians in Springfield continue fighting over Illinois’ new minimum wage requirements, the Chicago’s City Council recently approved Mayor Rahm Emanuel’s plan to raise Chicago’s minimum wage to $13.00 per hour by 2019. In an overwhelming 44 to 5 vote, the City Council’s members approved the following gradual increase in minimum wages payable to employees [...]

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New IRS Ruling on Automatic Gratuities Will Impact Restaurants and Their Employees

By |2021-01-28T20:58:21-06:00August 12th, 2014|Blog, Compensation|

Effective January 1, 2014, the IRS began classifying automatic gratuities commonly added to bills of large parties in a restaurant as service charges instead of “tips.”  According the IRS Revenue Ruling 212-18, gratuities treated as service charges will be classified as regular employee wages and subject to Social Security and Medicare withholdings.  More importantly, restaurants [...]

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The EEOC Increases Fines for Posting Violations

By |2021-01-28T20:52:25-06:00May 22nd, 2014|Blog, Hiring Practices|

The EEOC increases fines for posting violations. New regulations more than doubled the fines for employers who fail to comply with notice posting requirements.  Each violation now carries a $210 fine, up from $100.  The EEOC requires private employers, as well as the state and local governments employing 15 or more individuals. Post notices including [...]

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Ruling Confirms Limited Liability Companies Value as a Business Form

By |2021-01-28T20:58:21-06:00April 22nd, 2014|Business Law, Business Structure|

A recent ruling confirms Limited Liability Companies value as a business form. In a recent decision by the Illinois first District Appellate Court, it was affirmed that the sole member of a Limited Liability Company (“the LLC”) could not be held personally liable for fraud while acting as managing member of the LLC.  In Dass [...]

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Illinois Limited Scope Representation

By |2021-01-28T20:58:20-06:00March 11th, 2014|Blog, Litigation|

The recent changes in the Illinois Supreme Court’s rules formally enable lawyers to represent litigation clients on a limited scope basis.  Limited scope representation allows pro se clients to save money by providing flexibility to the clients to structure their representation for the most effective use of the attorneys’ expertise.  For example, if a client [...]

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Illinois: Noncompetition Agreements Within 2 Years of Hire

By |2021-02-01T18:19:37-06:00October 28th, 2013|Blog, Business Law, Noncompetition, Small Business|

The recent Illinois Appellate Court case, Fifield and Enterprise Finance Group, Inc. v. Premier Dealer Services, Inc. 2013 IL App (1st) 120327, upheld an Illinois precedent stating that a “noncompetition agreement is not valid and enforceable if an employee is fired or resigns within two years.” Illinois companies can still require newly hired employees to [...]

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