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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
A new revenue ruling was recently issued by the IRS, which states that all same sex marriages will be recognized for federal taxation purposes, even if the state where such couples currently live does not recognize their union. So, if a same sex couple is lawfully married in one state, they will retain that marital [...]
The U.S. Supreme Court recently refused the United Airline's request for a hearing of the U.S. Court of Appeals for the Sevenths Circuit's decision in EEOC v. United Airlines, Case No. 11-1774. Therefore, the Supreme Court's order lets stand the 7th Circuit's decision affirming the right of qualified disabled employees to seek reassignment to [...]
There are federal and state (Illinois) laws small business owners need to know about rest and meal breaks for non-exempt employees- and corresponding compensation. These laws generally address the following questions: Should an employee be paid while on breaks? Are employers required to offer breaks? How long such breaks should be? Federal Laws According to the Fair [...]
With little fanfare, the one-year-old Consumer Financial Protection Bureau has become the chief enforcer of the Fair Credit Reporting Act (FCRA) and has issued revised forms. Employers and consumer reporting agencies must start using the new FCRA forms no later than Jan. 1, 2013. The updated forms are available in Appendixes K, M, and N [...]
Small business owners in Illinois are receiving official looking green or blue envelopes from “Corporate Records Services,” which call them to provide corporate and personal information, such as the business name, address and credit card information with the payment of $125 to prepare corporate records. With the scam looking official, small business owners are sending [...]
