Employer Obligations Under OHSA’s Crystalline Silica Standards

What is Respirable Crystalline Silica? Crystalline silica is a common mineral and fundamental component in materials like granite, sand, stone, concrete and mortar.  It is also used to make products such as glass, pottery, ceramics, bricks, and artificial stone. Approximately 2.3 million people in the U.S. are exposed to silica at work.  Silica particles that […]

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United States Supreme Court Revisits Final Judgment Rule

During virtually every legal proceeding, in the back of the mind for every litigant and attorney, there looms a single word that is either loved or hated: appeal. Simply put, an appeal is a review of a lower court’s decision or decisions by appellate judges. However, not every decision warrants an appeal. Without delving into […]

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Sports Betting Coming to Illinois?

Earlier this month, the U.S. Supreme Court took arguments in a case that will determine whether New Jersey will be allowed to offer betting on professional and college sports.  One study has predicted that a chain reaction of sports betting legislation will take effect if the Supreme Court rules in New Jersey’s favor.  The study, […]

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Illinois Trying to Bring Back Collaborative Law

Collaborative law, or collaborative practice, is a process of voluntary dispute resolution that allows parties to settle without resorting to litigation.  The practice has been used for about thirty years, and although it is most often used in family law disputes, it can also be helpful with probate issues or small business disputes.  Starting January […]

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Employee’s Threats Trigger Employer Liability

In Illinois, as a general rule, one person has no duty to prevent the criminal acts of another.  There are exceptions however, such as an employer’s duty to act reasonably when hiring, supervising, and retaining its employees. An employer can be liable if it knew, or should have known, an employee was unfit for the […]

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Non-Compete Agreements and the Illinois Freedom to Work Act

One of the more commonly litigated aspects of the employer-employee relationship is the non-compete agreement. The Illinois Attorney General seems to be cracking down on employers that may be taking advantage of low-wage employees by signing illegal non-compete agreements (even if they are doing so unknowingly), especially in the context of the new Illinois Freedom […]

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Ban on Salary History Inquiries

Illinois employers may soon be prohibited from inquiring about the salary history of prospective job candidates during interviews.  Two significant changes in the law drive this notion. First, the Illinois House of Representatives has overridden the Governor’s veto of legislation that would prohibit inquiries into job candidates’ salary histories, among other things.  The bill is […]

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Overseas Data May Soon Be Subject to Search

The United States Supreme Court has decided to hear a landmark internet privacy case that will determine whether the U.S. government can demand user-data stored by tech companies abroad, U.S. v. Microsoft.  In 2013, federal investigators obtained a warrant for emails and identifying information stored in a Microsoft Outlook account believed to be used for […]

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New Contractor / Sub-contractor Laws

Recently, Illinois passed two laws that have implications that will affect many contractors and their payments to subcontractors.  The first new law deals directly with Illinois Department of Transportation (IDOT) mobilization payments.  A mobilization payment is an advance payment made for the preparatory work and operations necessary to move personnel, equipment, and supplies to a […]

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Oral Agreements Regarding Bonuses Upheld

Let’s take a hypothetical scenario. You were promoted last year and have spent countless long days at the office since then orchestrating a multibillion dollar sale. You expect a handsome bonus as the head of this sale, consistent with what you understood your predecessors to have received. Finally, after just over a year of hard […]

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