Category: Business Law
President Trump Nullifies OSHA’s Ongoing Recordkeeping Rule
On April 3, 2017, President Trump signed into law House Joint Resolution 83, which nullified the Occupational Safety and Health Administration’s (“OSHA”) rule that allowed OSHA to cite employers that failed to make and maintain records of job-related injuries and illnesses for five years. OSHA had implemented the original rule in order to clarify that
Biometric Privacy Laws and Class Action Lawsuits in Illinois
Illinois’s 2008 Biometric Information Privacy Act was one of the first of its kind in the country. Biometric data is the unique biological information that can be used to identify one person from another. This includes such technology as digitally stored fingerprints and facial recognition technology. Anytime you use the finger print scanner to unlock
Pharmaceutical Representatives Must Be Licensed In Chicago
The Chicago City Council recently imposed a number of licensure and marketing requirements on pharmaceutical representatives in Chicago. Beginning on July 1, 2017, individuals who conduct business in the City of Chicago as a pharmaceutical representative for 15 or more days per year must obtain a license, which includes completing an educational course to be
First Appellate Court Clarifies the Implied Warranty of Habitability
On February 17, 2017, the First District Appellate Court issued a new decision which confirmed and clarified Illinois law regarding the implied warranty of habitability. The decision, Sienna Court Condominium Ass’n v. Champion Aluminum Corp., 2017 IL App (1st) 143364, came as a result of three consolidated appeals. The Decision confirmed and clarified three aspects
Illinois’s Freedom to Work Act
In Illinois, non-compete clauses are routinely under some form of attack as employees, employers, legislators, and the judiciary try to balance the freedom of contract against individual workers’ freedoms. Employers typically see non-compete clauses as a way to protect their intellectual properties, trade secrets, and client/customer contacts. Employees often see such clauses as a barrier
New Northern District of Illinois Ruling May Increase Awards in Debt Collection Cases
Section 1692k of the Fair Debt Collection Practices Act (the “FDCPA”) allows for an award of damages in successful class actions against debt collectors found to have violated the FDCPA above and beyond the customary individual and statutory damages awards for such violations. Under this section, the additional damage awards are not to exceed the
ILLINOIS COURTS DETERMINE THE DIFFERENCE BETWEEN “PAY-WHEN-PAID” AND “PAY-IF-PAID” CONTRACTUAL LANGUAGE
In 2006, Lake County Grading Co. was contracted by FCL Investors, Inc. (“FCL”), to excavate and install a sewer line for a development in Northbrook, Illinois. FCL was previously hired by Northshore Center THC to be the general contractor for the development after taking out a mortgage to develop the property. After submitting and receiving
ILLINOIS APPELLATE COURT CLARIFIES THE MINIMUM CONTACTS REQUIRED TO COLLECT STATE SALES TAX
Out of state companies can sometimes be exposed to liability for failing to collect sales tax on internet and catalog sales to Illinois residents. A recent Illinois appellate decision, The People ex rel. Beeler, Schad and Diamond, P.C., v Relax the Back Corp., 2016 IL App (1st) 151580, sheds light on what type of connections
The New Wave of Minimum Wage Laws in Cook County
On October 26, 2016, the Cook County Board of Commissioners passed an ordinance increasing the minimum wage in suburban Cook County. It is a tiered increase that will begin on July 1, 2017, and will increase by a dollar each year until 2020. After 2020, the increases will adjust with the rate of inflation. Thus,
Are Daily Fantasy Sports Legal in Illinois?
With the cool breeze of fall comes pumpkin spice lattes, scarves, and, of course, football. Like all sports, football also brings gambling. However, the rise of internet gambling and fantasy leagues has spawned a new twist to sports betting: daily fantasy sports. Federal law and several state laws currently exempt season-long fantasy sports games that