Does cutting hours to satisfy ACA, violate ERISA?
The Affordable Care Act, sometimes referred to as Obamacare or the ACA, requires employers who employ 50 or more “full-time equivalents” to offer affordable minimum-value coverage to those employees and their dependents or pay a penalty in the event that any of their full-time employees receive federal premium assistance to purchase individual coverage in the
Think Your Commercial General Liability (“CGL”) Insurance Protects You From a Cyber-Attack? Think Again.
As the world around us becomes increasingly ever connected, the risk of a data breach of your computer system increases significantly. Instances of corporate data breaches are in the headlines more often that even before. From the unprecedented hacking of Sony Entertainment just over a year ago, to the very recent hacking of Hollywood Presbyterian
The Employment Law Multiverse: Management, Employees, Unions, and the NLRB
Even in its simplest form, employment law is very complicated. Throw in unions and the National Labor Relations Board, and things can go from merely complicated to near quantum mechanics level of complexity, with all the multiverses and theoreticals that may or may not go along with it. Take Nichols Aluminum, LLC (“Nichols”), for example.
Possibility Of New Overtime Regulations. What Are They And How Could They Impact Your Business?
On March 13, 2014, President Obama signed a Presidential Memorandum directing the US Department of Labor to update its regulations regarding overtime pay for white-collar workers. The Department of Labor did so in July 2015 when it proposed revisions to the regulations governing which executive, administrative, and professional employees are entitled to the Fair Labor
A Hostile Work Environment, or Simply in Bad Taste?
Every Friday, Cabela’s, a hunting, fishing and outdoor merchandise store in Hoffman Estates, held “Fun Fridays” to promote employee morale. Fun Fridays included anything from treats being brought into the office or games being played in the break room. On December 21, 2012, the tradition continued when a manager created eight videos from the website
Verbal Agreement May Lead to Insurance Coverage
If your business is operating in Illinois with a commercial general liability policy, you may want to grab your policy and examine the language regarding the ability to name additional insureds. Many general liability policies include the right to extend coverage to other entities. This is done in order to provide liability to entities that
Evolving Changes in Restrictive Covenant Requirements in Illinois
Prior to 2013, employers could argue that the fact of employment for a certain “substantial” period of time constituted adequate consideration to support a non-competition agreement. Since that time, several decisions throughout Illinois have turned that argument on its head. With each new decision, the general understanding of what constitutes consideration has shifted. In the
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
Appellate Court Ruling Demonstrates How Agency Is Established In A Liability Suit
Agency is a legal concept by which the acts of an agent can bind or otherwise create liability for the principal. Though there is no precise formula for determining the existence of an agency relationship, the main consideration is the principal’s right to control the agent. A principal need not actually exercise control over the
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