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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.

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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.

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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.

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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.

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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.

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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...

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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...

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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...

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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...

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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).

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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).

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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....

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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).

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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).

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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...

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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.

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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.

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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.

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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.”

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