Chicago Employers Face New Rules Regarding Sexual Harassment Policies and Training

(June 21, 2022) Chicago has enhanced its sexual harassment prevention laws to include sexual misconduct, doubled the time that employees must attend an annual training, revised requirements for  employer written policies, and increased penalties for violations by 10 times. The City of Chicago Human Rights Ordinance prohibits sexual harassment in employment. A victim can be […]
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FTC Explores Viability of Employee Non-Compete Clauses

(December 7, 2019) The Federal Trade Commission (“FTC”) is exploring whether there is sufficient legal basis and economic support to restrict the use of non-compete clauses in employer-employee contracts. The FTC has scheduled a workshop for January 9, 2020 and will accept public comments until February 10, 2020. The FTC’s interest in banning non-compete clauses […]
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Court Finds Grubhub Driver Was Independent Contractor

(February 9, 2018) A Grubhub driver was an independent contractor and not an employee of the online food ordering and delivery service because the company lacks control over the driver’s work. The California district court noted it is an “all-or-nothing proposition” whether a person is an employee or an independent contractor. “With the advent of the […]
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Update on Sign Permits in Chicago

Effective January 1st, Chicago businesses are no longer required to obtain a permit for simple window signs covering less than 25% of the window. This update is good news for small business owners. In general, permits are required for all on-premises signs, but the following exceptions now apply: A temporary on-premise sign constructed wholly from […]
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Did Scrapbook Reveal KFC Trade Secret Recipe?

(August 28, 2016) Did the nephew of Col. Sanders just give away the family secret 11 herbs and spices used in the KFC recipe? That’s what the Chicago Tribune thinks. A reporter says 67-year-old Joe Ledington showed him a family scrapbook that included a copy of Claudia Sanders’ will. She was the colonel’s second wife. […]
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Green Seal Certifications Must Include Statement Limiting Claims: FTC

(September 15, 2015) To avoid being deceptive, green seal certifications need to prominently state what makes the product green, the Federal Trade Commission (FTC) warned. The FTC sent letters to five providers of environmental certification seals and 32 businesses warning them that their seals could be deceptive and may not comply with the FTC’s environmental […]
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Labor Ruling Could Jeopardize Uber’s Business Model

Uber’s business model may be in trouble if a California Labor Commission’s finding that Uber drivers are employees, not independent contractors, is followed by California courts. Uber, the ride sharing service, has maintained that it merely provides “administrative support” through a “technology platform” that “private vehicle drivers and passengers use to facilitate private transactions.” Uber […]
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Mere Employment Not Enough Consideration for Non-Compete

Being employed for less than two years is not sufficient consideration for enforcing a non-compete agreement in Illinois, a state appellate court ruled. The issue arose when an employee quit his job after three months.  His employment contract included a non-compete agreement restricting his employment for two years after he terminated his employment for any […]
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Illinois Judge Questions Legitimate Business Interest Standard

An Illinois appellate court judge has questioned whether the courts should continue to require employers to show a “legitimate business interest” before a non-compete convenant is enforced. Under current Illinois cases, a covenant not to compete will only be enforced if the restriction protects a legitimate business interest of the employer. In a concurring opinion, […]
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Employer Must Report Employee’s Child Porn Viewing

An employer who knows or should know that an employee is viewing child pornographic sites on a company computer has an obligation to terminate or to discipline the employee and report the employee to law enforcement authorities. The issue arose in a case where a mother and her minor daughter sued the company where her […]
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