Category: Employment Law
1st District Rules Insurance Broker’s Non-Compete Clause Overbroad and Unenforceable
A state appeals panel in the 1st District recently ruled, in Assured Partners, et. al. v. Schmitt, that several provisions in an insurance broker’s non-compete clause were too broad and unreasonable, and therefore unenforceable. The ruling provides another reminder to employers that, since the Illinois Supreme Court’s holding in Reliable Fire Equip. v. Arredondo, in
Building a Case with Social Media
Back in 2014, a Miami area prep school failed to renew its principal’s employment contract. The principal filed suit for age discrimination resulting in a settlement for $150,000.00. However, $80,000.00 of the settlement would be surrendered if the principal were ever to disclose the terms of the settlement to anyone other than his wife. Unfortunately
Expanding the Wage Payment Collection Act – Shifting the Burden to Employers
In 2010, Illinois overhauled the Illinois Wage Payment and Collection Act (the “Act”) in an effort to aid employees in their attempts to seek compensation from employers. Unfortunately, that overhaul may have unforeseen, far reaching consequences that the General Assembly originally intended. In particular, the Illinois Department of Labor (the “Department”) has found itself with
“For Cause” – How Two Words Could Cost Twelve Million Dollars
On February 1, 2006, Wallace Leyshon was in his office at Diehl Controls North America, Inc. (DCNA), when the CFO and the new chairman of DCNA, Dr. Weigand, unexpectedly entered and fired him. However, Leyshon was under contract and asked for a reason for his termination. Weigand initially refused to tell him, so Leyshon went
Chicago’s Minimum Wage Hike Takes Effect
As of July 1, 2015, Ordinance 02014-9680 became effective, which increased the minimum wage for employees in the Chicago to $10 per hour for non-tipped employees and $5.45 for tipped employees. The Ordinance provides for subsequent raises on July 1 of each subsequent year until the hourly minimum wage reaches $13 for non-tipped employees in
Illinois Implements Act Requiring Certain Small Businesses to Provide Retirement Plans to Employees
The Illinois Secure Choice Savings Program Act (“Act”) (S.B. 2758, Pub. Act 098-1150), which requires certain small businesses to implement retirement plans for employees, took effect on June 1, 2015. Here are just a few highlights of what Illinois employers need to know about the Act and how it will impact their businesses and employees
Employers’ Duty to Provide Reasonable Accommodations to Pregnant Employees: Recent Developments in Federal and State Law
On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on its interpretation and application of the Pregnancy Discrimination Act (“PDA”). Amongst other things, the EEOC’s guidelines relate to an employer’s obligation to provide reasonable accommodations to pregnant employees. The PDA was a 1978 amendment to Title VII of the Civil Rights
Corporations, Sexual Harassment, and the IGVA
In 2003, the Illinois General Assembly passed the “Gender Violence Act” (“IGVA”). The act stated that any person subjected to gender-related violence as defined by the act could bring a civil action for damages against a “person or persons.” While the Act appears to be relatively straightforward on its face, recent Supreme Court cases such
White Collar Wage Wars
There has been an exponential boom in the amount of cases being filed against corporations. In 2006 and 2007, the likes of Citigroup, UPS, IBM, Sony, and Carnival Cruise Lines paid out over $260 million in settlements for unpaid overtime cases. While overtime lawsuits are not new, multi-million dollar settlements have been in the past
The Cat, The Monkey, And The Liable Employer
A monkey convinces a cat to reach into a fire to extract some roasting chestnuts. The cat burns its paws and loses all of the chestnuts to the monkey. The monkey escapes unharmed, free to perform the same con all over again. The term “cat’s paw” seems out of place in the middle of a