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New Illinois Employment Laws – Effective January 1, 202401/03/2024

With the start of a new year, Illinois employers face some new state laws. Increase in State Minimum Wage Illinois has increased its minimum wage from $13.00 to $14.00 per hour statewide, including Cook County (except Chicago). The minimum wage for employees in Chicago is higher. For large Chicago businesses employing 21 or more workers, the minimum wage for employees…

Chicago Businesses Face New Leave Obligations – Effective January 1, 202411/29/2023

Employers across Illinois are readying their leave policies to comply with the Paid Leave for All Employers Act. Chicago employers need to prepare for something more. On November 9, 2023, the Chicago City Council passed a new Paid Leave Ordinance that added 40 hours of paid leave to its present 40 hours of mandated sick leave. Chicago employers must take…

It’s Estate Planning Awareness Month. Is Your Plan Up-To-Date?10/06/2023

October is Estate Planning Awareness Month. This annual reminder offers the opportunity to review your estate planning and ensure it is up-to-date and accomplishes your goals. Funding your Revocable Trust Your estate planning is prepared. You signed it. Mission accomplished? Almost…. There is a very important step, called “trust funding” that often gets missed after executing a trust. If you…

Insolvency As An Asset Recovery Tool in Switzerland09/15/2023

The concerns about finding and recovering assets in Switzerland are legion. There is a strict blocking statute and bank secrecy, but all is not lost. In the context of insolvency proceedings, Swiss criminal proceedings offer an effective tool to enable disclosure of banking information and the freezing of assets. The blocking statute provides that any person who carries out activities…

Your Guide to the Second Half of 2023: Gift Giving & Tips for Parents with College Students08/09/2023

As we find ourselves well into the latter half of the year, the thoughts of winter travel, holidays and the bustling activities of the upcoming months begin to occupy the minds of many. It is also an opportune moment to reflect on your estate plan and decide if any aspects require careful attention before the year's end, including contemplating annual…

Immediate Extensive Changes to Illinois’ Day & Temporary Labor Services Act08/08/2023

On August 4, 2023, Governor Pritzker signed into law extensive amendments to The Day and Temporary Labor Services Act (Act). They were immediately effective, but the Illinois Department of Labor (Department) has not yet promulgated any guidance or instructions. As a result of the amendments, the Act increased penalties, imposed new notice requirements and heightened protections for laborers. Most significantly,…

Recent Changes to Chicago & Cook County Minimum Wages and The Fair Workweek Ordinance – Effective July 1, 202307/06/2023

At the beginning of 2023, Illinois increased the state minimum wage to $13.00 per hour. The City of Chicago’s minimum wage already exceeded the state minimum wage, and on July 1, 2023, the City further increased its minimum wage. Chicago’s Minimum Wage as of July 1, 2023 The increases for Chicago are based on the size of the employer. Large…

Service of Pleadings in the Electronic Age03/28/2023

Recent court proceedings demonstrate the extent courts may go to authorize alternative means of service. When service methods by process server or mail, whether certified or express, are unsuccessful, you should consider the other alternative means courts have allowed. In In re Three Arrows Cap., Ltd., No. 22-10920 (MG), 2022 WL 17985969 (Bankr. S.D.N.Y. Dec. 29, 2022), after an insolvency proceeding…

Illinois Supreme Court’s Latest BIPA Decision: Violations Occur with Each Collection or Disclosure03/06/2023

HMB recently issued a Client Alert following the Illinois Supreme Court’s decision in Tims v. Black Horse Carrier, 2023 IL 127801, where the Court held that all Illinois Biometric Information Privacy Act (BIPA) actions would be governed by a 5-year statute of limitations period. Since then, the Illinois Supreme Court has dealt another blow to Illinois BIPA defendants. Cothron v.…

Can Separation Agreements still include Confidentiality and Non-Disclosure Provisions?03/01/2023

On February 21, 2023, the National Labor Relations Board (NLRB) issued a decision which found that employers who included confidentiality and non-disparagement provisions in separation agreements of nonmanagerial employees were engaging in unfair labor practices prohibited by the National Labor Relations Act (NLRA). This decision will have a far-reaching effect, impacting the use of these common provisions upon which many…

Illinois Employers Face New Paid Sick Leave Obligations02/23/2023

Illinois will join Chicago and Cook County in requiring employers to provide paid sick leave to their employees. Once signed by Governor Pritzker, the Paid Leave for All Workers Act will become effective on January 1, 2024. The General Assembly declared that it was “in the public policy interests of the State for all working Illinoisans to have some paid…

Illinois Supreme Court Settles BIPA Statute of Limitations Debate02/14/2023

Background on BIPA Illinois employers collecting biometric information for timekeeping purposes have been assaulted by class action lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA). Typically, plaintiffs in these actions seek five years of damages for claims that employers collected biometric information through fingerprinting or face screening without issuing a public policy declaring the use and retention of…

Subsequent Transferee Liability in Cryptocurrency Bankruptcies01/05/2023

In the new year, cryptocurrency bankruptcies will be breaking new ground over the ability to recover customer deposits. An understanding of the ruling in the Bernie Madoff SIPC liquidation could provide guidance for such recoveries. Bankruptcy Code sections 548 (a) and 550 (a) give chapter 11 debtors, appointed trustees and post-confirmation liquidating trustees the power to sue and recover money…

New Changes to Illinois Employment Law Effective January 1, 202312/29/2022

Is your business ready for Illinois in 2023? With the start of each new year come new employment laws in Illinois. 2023 is no different. Here are three changes to Illinois employment law. State Minimum Wage Increases to $13.00 per hour Illinois is moving slowly towards a $15.00 per hour minimum wage across the state. In Chicago, the minimum wage…

U.S. Labor Department Proposes New Rule on Independent Contractors10/17/2022

On October 13, the United States Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding the classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). After President Biden took office, the DOL attempted to rescind and withdraw an independent contractor rule (the 2021 Rule) that had been put in place in the waning days…

Estate Planning Awareness Week 202210/17/2022

Why Estate Planning Awareness Week? In 2008, Congress designated the third week of October (October 17-23, 2022) as National Estate Planning Awareness Week as a reminder to the public of the importance of estate planning. Having a proper estate plan is important to ensure that you and your loved ones are taken care of. When done well, estate planning aims…

The UCC’s Proposed Article 12: Controllable Electronic Records10/11/2022

Written by: Rick S. Rein with contributions made by Ben Dockery. “The 2022 Amendments to the Uniform Commercial Code (UCC) update and modernize the UCC to address emerging technologies. A new UCC Article 12 on Controllable Electronic Records governs transactions involving new types of digital assets (such as virtual currencies and nonfungible tokens), and corresponding changes to UCC Article 9…

The Sephora CCPA Settlement – How California’s First Fine Can Help Businesses Understand Their Privacy Requirements09/16/2022

In August, California’s Attorney General announced a settlement with Sephora that carried a $1.2 million dollar fine for Sephora’s California Consumer Privacy Act (CCPA) violations. This is the first CCPA action taken by California that resulted in a fine and settlement. It is important to understand what the California Attorney General alleged Sephora did in violation of the CCPA, so…

California’s New Escheat Reporting Requirement on Income Tax Returns08/26/2022

By Jordan M. Goodman and Joe Carr, Tax Partner, BDO USA. Please feel free to reach out to the authors with questions.  A new trend in state and local tax reporting in California combines certain income tax and unclaimed property reporting requirements on 2021 and future business income tax returns to enhance compliance. The increased compliance efforts of the California…

Part II: SCOTUS 2021-2022 Decisions Impacting Employers – Recovering Damages, Religious Expression and Abortion08/17/2022

In the 2021 Supreme Court term (October 2021 – September 2022), the United States Supreme Court (SCOTUS) issued decisions in 66 cases. With its new conservative majority (J. Roberts, J. Alito, J. Thomas, J. Gorsuch, J. Kavenaugh and J. Barrett), the Court tackled a wide variety of issues ranging from immigration, freedom of religious expression, gun safety to abortion rights.…

Part I: SCOTUS 2021-2022 Decisions Impacting Employers – Arbitration Decisions and Vaccine Mandates08/17/2022

In the 2021 Supreme Court term (October 2021 – September 2022), the United States Supreme Court (SCOTUS) issued decisions in 66 cases. With its new conservative majority (J. Roberts, J. Alito, J. Thomas, J. Gorsuch, J. Kavenaugh and J. Barrett), the Court tackled a wide variety of issues ranging from immigration, freedom of religious expression, gun safety to abortion rights.…

Why Offshore Trusts in Nevis Are Used For Asset Protection07/28/2022

Trusts are popular for various reasons to hold assets, and the Nevis International Exempt Trust is indicative of the reason for such popularity as an asset protection device. A settlor looks for a safe and stable jurisdiction to hold assets and to be able to access and control such wealth. Nevis provides such security. As important, settlors consider protection from…

Chicago Amends its Human Rights Ordinance, Adding Steeper Penalties and New Employer Obligations07/07/2022

Chicago's amended sexual harassment laws went into effect on July 1, 2022. The ordinance applies to companies employing at least one employee within the city. What you Need to know Under the amended Human Rights Ordinance, Chicago employers must: Maintain a written sexual harassment policy Provide the policy in the employee's primary language to employees within the first calendar week…

Legal Updates for Banks06/30/2022

Recent decisions from courts in Illinois offer guidance in lending transactions and handling of bank accounts. Amos Financial LLC. v. Szydlowski The Illinois Court of Appeals in the First District recently created precedent with implications for lenders dealing with guarantors and assignees. In Amos Financial LLC. v. Szydlowski, 2022 IL App (1st) 210046-U, the court affirmed the lower court’s decision…

Chicago Increases its Minimum Wage and Enlarges Scheduling Requirements Effective July 1, 202206/29/2022

On July 1, most Chicago employers face an increase in the Chicago minimum wage. Chicago’s Minimum Wage Ordinance applies to employers who maintain a business facility within the city or who are required to obtain a business license to operate in the city and to employees who work two hours in the city within a two-week period. The ordinance does…

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