On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARP). Among its many provisions, the ARP addresses paid sick and family leave under the Families First Coronavirus Response Act (FFCRA), and payroll tax credits for
Business Risk Management Blog
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Pending Illinois Legislation to Restrict the Use of Covenants Not to Compete and Covenants Not to Solicit
Several bills are pending in the Illinois House of Representatives and Senate that, if signed into law, could radically change the landscape of the use of covenants not to compete and covenants not to solicit in Illinois. Employers should be…
Restrictive Covenants Are Enforceable in Illinois!
Several times a year, business owners tell me that restrictive covenants (such as non-competition, non-solicitation or non-disclosure provisions) are not enforceable in Illinois. That is not true. The state and federal courts in Illinois enforce restrictive covenants on a routine…
Employees and Officers: What Duties Do They Owe to Their Employer in the Absence of a Contract?
Every employee and officer owes a duty of loyalty to their employer regardless of whether they have a written employment agreement. In general, this duty requires employees and officers to treat the employer with the utmost candor, care, loyalty and…
To Protect Confidential Information and Trade Secrets, Businesses Need to Know the Difference Between Them
When it comes to protecting a company’s competitive advantage, it is important to know the difference between confidential information and trade secrets. Knowing the difference allows businesses to design and implement the appropriate measures to protect their information and secure…
Customer Information Can Be Trade Secrets, Provided the Information is Kept Secret and Protected
A recent case from the Illinois Appellate Court is a reminder to business owners of the need to be proactive in protecting their trade secrets and confidential information. In this case, three sales representatives left their employer, who was in…
DOL’s Latest Revisions Clarify Employer Responsibilities Under FFCRA
On September 11, 2020, the U.S. Department of Labor (DOL) issued revised FFCRA regulations that clarify workers’ rights and employers’ responsibilities under the FFCRA’s paid leave provisions, specifically the Emergency Paid Sick Leave Act (EPSL) and Emergency Family and Medical…
DOL Issues New FLSA, FMLA and FFCRA Guidance in Response to COVID-19 Pandemic
As the COVID-19 pandemic continues, employers find themselves facing new challenges. Recognizing that the “new norm” has led to workplace circumstances not previously considered, the U.S. Department of Labor issued new guidance to address several wage and hour and leave-related…
When does the doctrine of impossibility of performance apply in Illinois?
As COVID-19 continues to take its toll on the economy, some will be looking to avoid certain contractual obligations, while others will be looking to hold parties to their contractual obligations. For those looking to avoid their contractual obligations due…
COVID-19 Implications on Illinois Contract Law: The Doctrine of “Commercial Frustration”
COVID-19 is impacting businesses and their operations, and parties are looking for guidance in the event that one or the other party to a contract is, or claims to be, unable to fulfill its contractual obligations. Whether or not the…