Publications
7th Circuit Clarifies That Discouraging Leave May Violate FMLA
In an important decision, the U.S. Court of Appeals reversed a lower court’s ruling in favor of the employer and clarified that “interfering, restraining, and denying are distinct ways of violating the FMLA.”
Best Lawyers in America© 2023
Fox Swibel is proud to announce over a third of our attorneys have been named in the 2023 Edition of The Best Lawyers in America© and Best Lawyers: Ones to Watch©.
OOO: While You Were Out, Chicago Called to Tell You About New Anti-Harassment Obligations
Summertime often means summer hours and time out of the office. As such, some employers may have missed that the City of Chicago recently amended its sexual harassment ordinance to expand the definition of “sexual harassment,” to impose new policy and training requirements, to impose additional record keeping requirements, and to increase monetary penalties.
2022 Ushers in Sweeping Restrictions on Non-Competition and Non-Solicitation Agreements
For those employers looking to think, talk and worry about something besides COVID-19, we have just the topic: the Illinois Freedom to Work Act. In August 2021, Governor Pritzker signed into law an amendment to the Act that imposes new restrictions on non-competition and non-solicitation agreements. Here’s what the Omicron variant and vaccine mandates caused you to miss.
Best Lawyers in America© 2022
Fox Swibel is proud to announce that seven attorneys have been named in the 2022 Edition of The Best Lawyers in America©, the oldest, most respected peer-review publication in the legal profession.
Illinois Bias Law Now Covers Criminal Convictions
Illinois employers now have yet another law to navigate. The state human rights statute now bans discrimination based on a candidate’s or employee’s criminal conviction unless the employer can show a “substantial relationship” exists between the conviction and the job or that the employment would involve an “unreasonable risk” to property or safety.
Lack of Secrecy Dooms Employer’s Suit to Stop Form Sales Reps’ Use of Customer Lists
The Illinois Trade Secrets Act (ITSA) prohibits misappropriation of trade secrets and allows recovery of attorneys’ fees in suits to enforce the Act. A recent decision by the Appellate Court of Illinois is a cautionary tale for employers wanting to protect customer lists and other information.
Illinois Supreme Court Adopts Religious Ministerial Exemption
Illinois, like almost every other state, adheres to the centuries-old doctrine of employment at will, which means that either an employer or an employee may terminate their relationship at any time, without notice and without reason.
Illinois Supreme Court Confirms Retaliatory Discharge Applies Only to At-Will Employees
More than 40 years ago, the Illinois Supreme Court first recognized the tort of retaliatory discharge as an exception to the general rule that an “at-will” employee is terminable at any time and for any or no cause. Now, the court for the first time has confirmed such claims don’t cover the nonrenewal of a fixed-term contract.
Fox Swibel Makes Four New Promotions
Fox Swibel is pleased to announce the promotion of Daniel Dorfman to Capital Partner. We are also pleased to announce the promotions of Tracy Katz Muhl, Tammy Lee, and David Ogles to Partner.
First Amendment Doesn’t Protect Religious Employers From Hostile Environment Claims
With so much attention on COVID-19 and its impact on workplace issues, employers may have lost track of some important changes affecting Illinois employers in 2020. Some of these changes took effect on July 1.
SEC Adopts Series of Modernizing Amendments to Definition of “Accredited Investors”
On August 26, 2020 the Securities and Exchange Commission (the “SEC”) adopted certain amendments (the “Amendments”) to the definition of an “accredited investor” as defined by Regulation D of the Securities Act of 1933 (the “Securities Act”).
State Bias Law Changes Don’t Stop for Pandemic
With so much attention on COVID-19 and its impact on workplace issues, employers may have lost track of some important changes affecting Illinois employers in 2020. Some of these changes took effect on July 1.
Fox Swibel Is Here to Assist You in Navigating Through Financial Distress Issues
In the past few months, businesses have been thrust into a maelstrom of new historic challenges: a virulent pandemic of uncertain duration, depressed demand for products and services, social unrest and even outright inability to open or conduct business due to policies intended to slow the spread of the virus. For some firms, emergency government loan assistance has provided only temporary relief.
Phase 4: Illinois Cautiously Resumes Indoor Dining & Legal Considerations for Leases and Joint Venture Agreements in a Post-COVID World
Phase 4: Illinois Cautiously Resumes Indoor DiningandLegal Considerations for Leases and Joint Venture Agreements in a Post-COVID WorldBackground: As of June 26, Illinois has moved into Phase 4 of the “Restore Illinois” Plan. During Phase 4, restaurants are allowed...
Chicago Restaurants in the Age of COVID-19: A New Frontier
On May 5, 2020, Governor J.B. Pritzker released “Restore Illinois”, a 5-step public health plan for re-opening Illinois (the “Plan”). The Plan clearly is of considerable interest to our restaurant and hospitality clients who want to know when, how, and under what...
Main Street Lending Program: Federal Reserve, Treasury Department Create New Lending Facility, Release Updated Program Terms and FAQ’s
This Client Alert relating to the Main Street Lending Program (the “MSLP”) has been updated to incorporate new guidance released by the Federal Reserve on April 30, 2020, copies of which can be found HERE. To see our previous Client Alert relating to the MSLP’s...
SBA, Treasury Department Warn Businesses to Carefully Consider Whether PPP Loan is Necessary
Client Alert On April 23, 2020, the Treasury Department, in collaboration with the Small Business Administration (the “SBA”), released guidance in the form of Frequently Asked Questions (FAQ). The potentially most significant aspect of the FAQ’s is the warning that...
Main Street Lending Program: Federal Reserve, Treasury Department Take Action to Combat COVID-19
Client AlertPursuant to its mandate from Congress to promote maximum employment, stable prices and market stability, the Federal Reserve announced on April 9, 2020, that it is taking measures to provide up to $2.3 trillion to further assist households and employers of...
Legal & Tech: Practical Considerations for Hires, Furloughs and Separations of Remote Employees
With the shelter-in-place orders going through April 30th and possibly beyond, it is important to prepare your company for possible furloughs, layoffs, and terminations with your remote employees. Many companies have never changed a remote employee’s employment status...
CARES Act: Frequently Asked Questions and Answers
Click to Go to Answer: When can my business submit an application for an SBA 7(a) loan from the Paycheck Protection Program? For purposes of calculating "payroll costs," should a business include compensation paid to independent contractors? Is a portfolio company of...
Summary of Legislation and Rulemaking Impacting Small Businesses Affected by COVID-19
The impact of COVID-19 has affected everyone in the United States. In response to the widespread economic consequences suffered by small businesses and their employees, the federal government and state and local governments have taken measures to mitigate the impact,...
Summary of Federal, State of Illinois and City of Chicago Grant and Loan Programs to Assist Small Businesses Affected by COVID-19
Businesses around the world are facing significant adverse consequences due to government-mandated shutdowns and loss of business arising from coronavirus disease 2019 (COVID-19). Small businesses, including those in the hospitality, food, and retail industries, and...
DOL Updates Guidance on Families First Coronavirus Response Act
Employment Law Alert In the days since the Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, employers and advocacy groups have raised a number of questions about how the law will be interpreted and enforced. With surprising...
President Signs COVID-19 Legislation That Will Impact Employers’ Leave Polices
Employment Law Alert The Families First Coronavirus Response Act, signed into law by President Trump on March 18, 2020, includes a number of provisions that will directly impact employers, in addition to public health measures. Here are the key provisions of the...
COVID-19 Legislation Will Impact Employers’ Leave Polices
Employment Law Alert The Emergency Families First Coronavirus Response Act (H.R. 6201) passed The U.S. House of Representatives early Saturday, March 14, 2020, and includes a number of provisions that will directly impact employers, in addition to public health...
Fox Swibel Coronavirus Readiness
We know many of our clients are being affected by the Coronavirus (COVID-19) and we have worked with many of you on issues that have arisen, especially with respect to questions regarding employment matters. I want to personally assure you that Fox Swibel is taking...
Conservatory Worker’s Claim Fails to Uproot Employment-At-Will Doctrine
Illinois, like almost every other state, adheres to the centuries-old doctrine of employment at will, which means that either an employer or an employee may terminate their relationship at any time, without notice and without reason.
New Protection for Illinois Contractors – The Buck Stops at Contractual Privity
Privity of contract: A concept in law providing that only parties to a contract can enforce their rights or claims against one another.
Bonds and the Construction Process
A bond is a contractual obligation undertaken by a surety company (often, an insurance company) to perform or pay a specific amount of money if the principal (often, the general contractor or installation contractor) does not perform or pay. A surety relationship is a three-party contract that guarantees that the principal will fulfill its obligations to the third party, the obligee (often the project owner for performance bonds, and subcontractors for payment bonds).
7th Circuit: Costco Must Account for Customer’s Harassing Conduct
Leave it to Costco to ensure even its litigation comes in bulk. Readers may recall that our March 2016 issue featured an article on an employer’s potential obligation to address nonemployee behavior to ensure an unruly customer or vendor isn’t creating a hostile work environment (see “Costco learns customer may not always be right,” Vol. 26, No. 8).
Oakton Professors’ Age Claims Get Failing Grade
An employer designed its hiring policy to avoid incurring a penalty under Illinois pension law. If the resulting policy shuns certain pension-eligible individuals, does it violate the federal Age Discrimination in Employment Act (ADEA)? A recent decision by the U.S....
Recent Changes Allow More Tax-free Sales of Stock by Investors in Start-up “C” Corporations and Converted LLCs with Less Than $50 Million in Assets
October 24, 2018 Section 1202 of the Internal Revenue Code allows a non-corporate taxpayer to exclude, for federal income tax purposes, 100% of the gain from a sale or exchange of “qualified small business stock” in a domestic “C” corporation acquired by the...
Green Risks and Rewards: Managing Legal Issues on Sustainable Projects
A bond is a contractual obligation undertaken by a surety company (often, an insurance company) to perform or pay a specific amount of money if the principal (often, the general contractor or installation contractor) does not perform or pay. A surety relationship is a three-party contract that guarantees that the principal will fulfill its obligations to the third party, the obligee (often the project owner for performance bonds, and subcontractors for payment bonds).
Young-man, there’s a need to feel down (after losing ADA claim)
It’s wedding season, which means people across Illinois have been hitting the dance floor to perform their best rendition of the Y.M.C.A. dance. But, as we all know, some of us are more coordinated dancers than others. If an employee who is injured while dancing to...
Illinois Retainage Reform Bill Defeated – Senate Bill 3052 Would Have Mandated 5% Retainage Limit in Private Construction Contracts
A bond is a contractual obligation undertaken by a surety company (often, an insurance company) to perform or pay a specific amount of money if the principal (often, the general contractor or installation contractor) does not perform or pay. A surety relationship is a three-party contract that guarantees that the principal will fulfill its obligations to the third party, the obligee (often the project owner for performance bonds, and subcontractors for payment bonds).
Be Careful How You Word Your Job Ads, or Risk Violating Title VII
A little-known and rarely litigated provision in Title VII of the Civil Rights Act of 1964 prohibits employment agencies from printing or publishing “any notice or advertisement” that indicates “any preference, limitation, specification, or discrimination, based on...
Duty of Loyalty
While many people are familiar with non-competition and non-solicitation agreements, the duty of loyalty and what it entails is less well known. Yet, there are important aspects to this duty which have substantial implications for employers and employees. For...
Court Tells White Sox to Grab Some Bench as Team Strikes Out on CBA Preemption Play
The Chicago White Sox are in the midst of a rebuilding effort, which means (at least for now) far fewer wins than losses. A recent court decision tallies another Sox defeat — this one over whether Major League Baseball’s collective bargaining agreement with the...
Screening Candidates with Too Much Experience a Potential ADEA Violation
Can screening a candidate because they have too much experience become a legal problem? According to the U.S. Court of Appeals for the 7th Circuit, yes it can.
Vacation Pay Lawsuit Takes Excursion to Appellate Court and Back
Winnebago County, Illinois recently attempted to avoid a claim for accrued but unpaid vacation pay under the Illinois Wage Payment and Collection Act (IWPCA) by invoking the 1-year statute of limitations in the Illinois Local Governmental and Governmental Employees Tort Immunity Act. Read on to learn whether the Tort Immunity Act gives a break to public-sector employers.
Morgan Stanley Wins Bet on Untimeliness to Scotch Sexual Harassment Claim
A recent decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—discusses not only when conduct from years past counts but also how outrageous the conduct must be to create a hostile work environment.
New Year Brings New Job Applicants, More Exposure to Equal Pay Act Claims
With hiring about to pick up, this is a great time for a refresher on employers’ obligations under the Equal Pay Act (EPA), brought to you by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin.
Court Provides New Guidance on What to Expect When You’re Expecting (or Breastfeeding)
Many parents—including this one—will admit that one of the first things they did after learning they were expecting was purchase the latest “fad” book or read the newest blog on pregnancy and parenting. Just as parenting guidance continues to evolve, so too does guidance from the court on issues relating to pregnancy and breastfeeding in the workplace.
First Things First: Court Outlines Test for ADA Interference Claims
They say you always remember the first time you do something. Whether it’s your first concert (the Bangles), the first car you drove (a red Ford Tempo), or the first city you moved to after college (Washington, D.C.), “firsts” have a way of being remembered, even when you can barely remember your Amazon password.
Retaliation – The Marcia Brady of Employment Law
Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. Here’s yet another one.
Seventh Circuit Holds Extended Leave Not Required by ADA
A recent decision by the Chicago‐based U.S. Court of Appeals for the Seventh Circuit provides employers some welcome guidance on the extent to which a disability leave of absence may be required as a reasonable accommodation under the Americans with Disabilities Act. The decision declares that the ADA is “not a medical leave entitlement.”
Bed, Bath & Beyond Learns Wage and Hour Compliance Is No Bed of Roses
Exempt vs. nonexempt is a question that continues to trip up even the most sophisticated employers. Recently, Bed, Bath & Beyond was sued in Illinois federal court by assistant store managers who claim the company incorrectly classified them as exempt and improperly denied them overtime pay.
Was There Fallout from Nuclear Plant Employee’s ADA Claim?
Determining what is a reasonable accommodation under the Americans with Disabilities Act (ADA) is meant to be an interactive process between the employer and the employee.
Think You Can’t Terminate an Employee on FMLA Leave? Think Again
One of the biggest misconceptions about the Family and Medical Leave Act (FMLA) is that it insulates employees from disciplinary proceedings while they are on FMLA-approved leave.
