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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…

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…

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…

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…

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…

Kentucky Apportionment Update08/12/2021

Effective January 1, 2021 Kentucky eliminated its Bank Franchise Tax (“BFT”)and instead subjected financial institutions and financial organizations to the state’s existing Corporate Income Tax (“CIT”) and Limited Liability Entity Tax (“LLET”).

Federal Eviction Moratorium Overturned05/11/2021

On September 4, 2020, the U.S. Department of Health and Human Services (“HHS”) through the Centers for Disease Control and Prevention (“CDC”) enacted a nationwide eviction moratorium that bans landlords from evicting residential tenants who are unable to pay rent (“CDC Order”).  On May 5, 2021, the U.S. District Court for the District of Columbia vacated the CDC Order, holding…

Updates on Illinois Craft Cannabis Association v. State of Illinois04/28/2021

Illinois Craft Cannabis Association (“ICCA”) v. The State of Illinois, Governor J.B. Pritzker, the Illinois Department of Agriculture and its director, Jerry Costello II, Case No. 2020 CH 06247 Since our last update on the ICCA’s lawsuit against the State of Illinois, much has happened, but unfortunately nothing has changed. The delays continue for the hundreds of Craft Grower, Infuser…

Force Majeure and COVID-1904/27/2021

A year ago, during the initial stages of the COVID-19 pandemic, it seemed timely to explore force majeure provisions and legal theories that would permit a party to suspend its contractual obligations under certain circumstances.  At the time, it was unclear how courts would interpret force majeure provisions that did not expressly include a pandemic or epidemic within its list…

New Supreme Court Decision Regarding the Telephone Consumer Protection Act of 199104/14/2021

The Supreme Court’s decision effectively means that a company can utilize devices that automate calls and texts, as long as that device cannot use a random or sequential number generator to either store or produce the telephone number.

Corporate Bankruptcies in 2021 and Beyond04/12/2021

CHAPTER 11 FILINGS IN 2020 AND BEYOND Unless your January 2020 payroll included Nostradamus, the forthcoming global pandemic and resulting mass quarantines were largely unforeseeable. Last year’s unpredictability did, however, lead to the rather predictable material increase in Chapter 11 bankruptcy filings. Epiq Companies recently reported to the American Bankruptcy Institute that commercial Chapter 11 filings increased 29% in 2020.…

Chicago City Council Approves Pilot Program for Creation of New Accessory Dwelling Units02/26/2021

Beginning on May 1, 2021, Chicago will end its decades-long ban on the construction and conversion of certain accessory dwelling units when the Additional Dwelling Unit (ADU) Ordinance (“Ordinance”) goes into effect. WHAT YOU NEED TO KNOW The goal of the Ordinance is to establish new residential units that are sustainable and cost-effective while maintaining neighborhood character The Ordinance aims…

Illinois’ Leveling the Playing Field for Illinois Retail Act is now in Effect01/19/2021

Illinois legislation impacting sourcing rules for marketplace facilitators, sellers, and remote sellers- the “Leveling the Playing Field for Illinois Retail Act”- is now in effect for 2021 and Illinois Retailers’ Occupation Tax (the “ROT”) returns will be due soon.  The Illinois Department of Revenue has made a resource page available for affected retailers and marketplaces. As we discussed in June…

Business Owners with COVID-19/Government Shutdown Orders File Business Insurance Claims: A New Wave or Just a Ripple?11/10/2020

HMB’s Insurance Advisory Practice is continuing to monitor developments on hundreds of cases filed nationwide by business owners against insurers over denials of business interruption COVID-19 and government shutdown order related claims. HMB is tracking how courts are deciding these novel claims and reporting on these observations. This update contains some highlights of recent favorable decisions of potential significance for…

SLAT’s: An Old Idea with New Urgency10/08/2020

Client calls are coming in droves regarding the need to engage in estate planning if Joe Biden wins the White House and the Democrats have a majority in the Senate.  And for good reason. There is every reason to think that the currently high estate tax exemptions will be substantially reduced as part of a tax overhaul relatively early in…

Virtual Depositions During the Pandemic – 6 Tips for Attorneys09/03/2020

The COVID-19 Pandemic has changed the landscape of taking and defending depositions.  Due to social distancing guidelines and travel restrictions, almost every deposition is taken remotely, and will be for the foreseeable future.  Below are a few considerations and suggestions for preparing for and taking your deposition in this new era: (more…)…

Longer Notice Requirements for Residential Lease Renewals, Terminations and Rent Increases07/24/2020

On July 22, 2020 the Chicago City Council passed the “Fair Notice” ordinance (the “Ordinance”) which requires longer notice periods for landlords who seek to terminate, not renew or increase rental rates for residential leases. Under the new Ordinance, a landlord must provide a tenant with prior written notification of its intent to terminate, not to renew, or increase rent…

Procedures of the Circuit Court of Cook County During the Coronavirus07/01/2020

***This article has been updated from the version posted on May 29th, 2020*** Actions Taken by the Circuit Court of Cook County In General Effective July 6, 2020, the Circuit Court of Cook County will begin hearing all matters in all Districts and Divisions with the exception of jury trials.  Unless otherwise ordered, all attorneys and self-represented litigants shall be…

Chicago City Council Passes New COVID-19 Residential Eviction “Moratorium” Ordinance06/23/2020

On June 17, 2020, the Chicago City Council passed the “COVID-19 Eviction Protection Ordinance” (Ordinance O2020-3501), enacting a provisional moratorium on evictions based upon the failure to pay rent if the tenant has suffered any loss, reduction or delay in receipt of income or employment attributable to COVID-19 (a “COVID-19 Impact”).  Under the terms of the moratorium, a landlord pursuing…

CARES Act Update: Flexibility Added to the Paycheck Protection Program06/19/2020

On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”) was enacted, amending key provisions of the Paycheck Protection Program (“PPP”) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The changes provide relief to borrowers of PPP loans in the form of expanded forgiveness and increased flexibility in the use of loan proceeds. Businesses…

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